There have been quite of few changes to the Illinois Condominium Property Act (Condo Act) and the Illinois Common Interest Community Association Act (CICAA), effective January 1, 2017. In light of these changes, as well as the many changes made in 2016, associations should consider amending and restating their declaration to bring it current with the new law.
As an association’s declaration ages, it becomes out of date, including many provisions that are no longer applicable. This can cause confusion among board and association members as to which provisions apply or which provisions are superseded by law. Provisions of both the Condo Act and CICAA permit associations to update its governing documents to current law without obtaining membership approval. Rather, only the approval of two-thirds of the board members is required to amend and restate an association’s declaration because an amended and restated declaration does not change owners’ rights. In amending and restating a declaration, the association is merely updating its current declaration by deleting provisions that conflict with the current Condo Act or CICAA and adding in any provisions of the Condo Act or CICAA that are relevant to the association.