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Illinois Condominium Property Act, IL ST CH 76
605/25. Add-on condominiums

§ 25. Add-on Condominiums. The developer may reserve the right to add additional property to that which has been submitted to the provisions of this Act, and in the event of any addition, to reallocate percentage interests in the common elements in accordance with the provisions of this Act and the condominium instruments by: recording an amended plat in accordance with the provisions of Section 5 of this Act, together with an amendment to the declaration in accordance with Section 6 of this Act. Notwithstanding any other provisions of this Act requiring approval of unit owners, no approval shall be required if the developer complies with the requirements of this Section.

If the developer wishes to reserve the right to add additional property, the declaration shall contain:

(a) an explicit reservation of an option to add additional property to the condominium;

(b) a statement of the method by which the reallocation of percentage interests, adjustments to voting rights, and rights, and changes in liability for common expenses shall be determined if additional units are added;

(c) a legal description of all land which may be added to the property, herein referred to as "additional land" whether the units are occupied or not;

(d) a time limit of 10 years from the date of the recording of the declaration, after which the option to add additional property shall no longer be in effect and a statement of the circumstances, if any, under which it may terminate. In all cases in which the option to add additional property is exercised, the contracts for construction and delivery of such additional property shall contain a date for the completion and delivery of the additional property to be constructed.

(e) a statement as to whether portions of the additional land may be added to the property at different times, and as to whether there are any limitations on the order thereof, or any limitations fixing the boundaries of these portions, or whether any particular portion of it must be added;

(f) a statement concerning limitations, if any, on the locations of improvements which may be made on the additional land added;

(g) a statement of the maximum number of units, if any, which may be created on the additional land. If portions of the additional land may be added to the property and the boundaries of those portions are fixed in accordance with paragraph (e) of this Section, the declaration shall also state the maximum number of units that may be created on each such portion to be added to the property. If portions of the additional land may be added to the property and the boundaries of those portions are not fixed in accordance with paragraph (e) of this Section, then the declaration shall also state the largest number of units which may be created on each acre of any portion added to the property;

(h) a statement of the extent to which structures, improvements, buildings and units will be compatible with the configuration of the property in relation to density, use, construction and architectural style; and

(i) any plat or site plans or other graphic material which the developer may wish to set forth in order to supplement or explain the information provided.

Subject to any restrictions and limitations specified by the condominium instruments, there shall be an appurtenant easement over and on the common elements for the purpose of making improvements on the additional land, and for the purpose of doing what is reasonably necessary and proper in conjunction therewith.

No provision of this Act shall be binding upon or obligate the developer to exercise his option to make additions or bind the land described in the condominium instruments. No provision of the condominium instruments shall be construed to be binding upon or obligate the developer to exercise his option to make additions, and the land legally described therein shall not be bound thereby, except in the case of any covenant, restriction, limitation, or other representation or commitment in the condominium instruments, or in any other agreement made with, or by, the developer, requiring the developer to add all or any portion of the additional land, or imposing any obligation with regard to anything that is or is not to be done thereon or with regard thereto, or imposing any obligations with regard to anything that is or is not to be done on or with regard to the property or any portion thereof, this Section shall not be construed to nullify, limit, or otherwise affect any such obligation.

Any amendment to the declaration adding additional land may contain such complementary additions and modifications of the provisions of the declaration affecting the additional land which are necessary to reflect the differences in character, if any, of the additional land and the improvements thereto. In no event, however, shall any such amendment to a declaration revoke, modify or add to the covenants established by the declaration for the property already subject to the declaration.

Condo Act Contents
Click on the links below to view other sections of the IL Condo Property Act
605/2. Definitions
605/3. Submission of property
605/4.1. Construction, interpretation, and validity of condominium instruments
605/5. Plat to be recorded
605/6. Recording Effect
605/7. Descriptions in deeds, etc.
605/8. Partition of common elements prohibited
605/9. Sharing of expenses--Lien for nonpayment
605/9.1. Other liens--Attachment and satisfaction--Board of managers' standing and capacity
605/9.2. Other remedies
605/9.3. Eminent domain proceedings Standing
605/9.4. Eminent domain proceedings Notice
605/10. Separate taxation
605/11. Tax deeds
605/12. Insurance
605/12.1. Risk pooling trusts
605/13. Application of insurance proceeds to reconstruction
605/14. Disposition of property where insurance proceeds are insufficient for reconstruction
605/14.1. Disposition or removal of any portion of the property
605/14.2. Street and utilities dedication
605/14.3. Granting of easement for laying of cable television cable
605/14.4. Granting of easement to a governmental body for protection against water damage or erosion
605/15. Sale of property
605/16. Removal from provisions of this Act
605/17. Amendments to the declaration or bylaws
605/18. Contents of bylaws
605/18.1. Incorporation as not-for-profit corporation
605/18.2. Administration of property prior to election of initial board of managers
605/18.3. Unit owners' association
605/18.4. Powers and duties of board of managers
605/18.5 Master associations
605/19. Records of the association; availability for examination
605/21. Severability
605/22. Full disclosure before sale
605/22.1. Resales--Disclosures Fees
605/23. Encroachments
605/24. Deposits by purchaser
605/25. Add-on condominiums
605/26. Transfer of limited common elements
605/27. Amendment of condominium instrument
605/29. Alterations within units
605/30. Conversion condominiums--Notice Recording
605/31. Subdivision or combination of units
605/32. Alternate dispute resolution; mediation; arbitration