Illinois Condominium Property Act

successors to such developers' entire interest in the property other than the purchaser of an individual unit. (r) "Add-on Condominium" means a property to which additional property may be added in accordance with condominium instruments and this Act. (s) "Limited Common Elements" means a portion of the common elements so designated in the declaration as being reserved for the use of a certain unit or units to the exclusion of other units, including but not limited to balconies, terraces, patios and parking spaces or facilities. (t) "Building" means all structures, attached or unattached, containing one or more units. (u) "Master Association" means an organization described in Section 18.5 whether or not it is also an association described in Section 18.3. (v) "Developer Control" means such control at a time prior to the election of the Board of Managers provided for in Section 18.2(b) of this Act. (w) "Meeting of Board of Managers or Board of Master Association" means any gathering of a quorum of the members of the Board of Managers or Board of the Master Association held for the purpose of conducting board business. (x) "Leasehold Condominium" means a property submitted to the provisions of this Act which is subject to a lease, the expiration or termination of which would terminate the condominium and the lessor of which is (i) exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, (ii) a limited liability company whose sole member is exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code of 1986, as amended, or (iii) a Public Housing Authority created pursuant to the Housing Authorities Act that is located in a municipality having a population in excess of 1,000,000 inhabitants. (y) "Electronic transmission" means any form of communication, not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient and that may be directly reproduced in paper form by the recipient through an automated process. (z) "Acceptable technological means" includes, without limitation, electronic transmission over the Internet or other network, whether by direct connection, intranet, telecopier, electronic mail, and any generally available technology that, by rule of the association, is deemed to provide reasonable security, reliability, identification, and verifiability. Section 2.1. Applicability. Unless otherwise expressly provided in another Section, the provisions of this Act are applicable to all condominiums in this State. Any provisions of a condominium instrument that contains provisions inconsistent with the provisions of this Act are void as against public policy and ineffective. Section 3. Submission of property. Whenever the owner or owners in fee simple, or the sole lessee or all lessees of a lease described in item (x) of Section 2, of a parcel intend to submit such property to the provisions of this Act, they shall do so by recording a declaration, duly executed and acknowledged, expressly stating such intent and setting forth the particulars enumerated in Section 4. If the condominium

is a leasehold condominium, then every lessor of the lease creating a leasehold interest as described in item (x) of Section 2 shall also execute the declaration and such lease shall be recorded prior to the recording of the declaration. The execution of a declaration required under this Section by the lessor under a lease as described in item (x) of Section 2 does not make the lessor a developer for purposes of this Act. Section 4. Declaration - Contents. The declaration shall set forth the following particulars: (a) The legal description of the parcel. (b) The legal description of each unit, which may consist of the identifying number or symbol of such unit as shown on the plat. (c) The name of the condominium, which name shall include the word "Condominium" or be followed by the words "a Condominium". (d) The name of the city and county or counties in which the condominium is located. (e) The percentage of ownership interest in the common elements allocated to each unit. Such percentages shall be computed by taking as a basis the value of each unit in relation to the value of the property as a whole, and having once been determined and set forth as herein provided, such percentages shall remain constant unless otherwise provided in this Act or thereafter changed by agreement of all unit owners. (f) If applicable, all matters required by this Act in connection with an add-on condominium. (g) A description of both the common and limited common elements, if any, indicating the manner of their assignment to a unit or units. (h) If applicable, all matters required by this Act in connection with a conversion condominium. (h-5) If the condominium is a leasehold condominium, then: (1) The date of recording and recording document number for the lease creating a leasehold interest as described in item (x) of Section 2; (2) The date on which the lease is scheduled to expire; (3) The legal description of the property subject to the lease; (4) Any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that the unit owners do not have such rights; (5) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that the unit owners do not have such rights;

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