765 Ill. Comp. Stat. 160/1-20

Amendments to the declaration, bylaws, or operating agreement

Official text ↗ Checked against the official source on 2 November 2026

At a glance

Recording amendments: Amendment effective upon recordation unless different date stated

“An amendment of the declaration, bylaws, or operating agreement shall be deemed effective upon recordation, unless the amendment sets forth a different effective date.”
Lease prohibition grandfathering: 501(c)(3) lessors may keep leasing until voluntary sale

“shall prohibit a unit owner incorporated under 26 USC 501(c)(3) which is leasing a unit at the time of the prohibition from continuing to do so”
Municipal incorporation vote: Two-thirds of members must sign incorporation instrument

“No action to incorporate a common interest community as a municipality shall commence until an instrument agreeing to incorporation has been signed by two-thirds of the members.”
Mortgagee consent deadline: Lienholder deemed to approve unless negative response within 60 days

“the mortgagee or lienholder of record is deemed to have approved or consented to the request unless the mortgagee or lienholder of record delivers a negative response to the requesting party within 60 days after the mailing of the request.”

Each fact is shown with the exact words of the statute it comes from. Your association's governing documents may also apply.

Official text

Copy retrieved from www.ilga.gov. Always rely on the official source for the current version.

Show the full text of 765 Ill. Comp. Stat. 160/1-20

Sec. 1-20. Amendments to the declaration, bylaws, or operating agreement. (a) The administration of every property shall be governed by the declaration and bylaws or operating agreement, which may either be embodied in the declaration or in a separate instrument, a true copy of which shall be appended to and recorded with the declaration. No modification or amendment of the declaration, bylaws, or operating agreement shall be valid unless the same is set forth in an amendment thereof and such amendment is duly recorded. An amendment of the declaration, bylaws, or operating agreement shall be deemed effective upon recordation, unless the amendment sets forth a different effective date. (b) Unless otherwise provided by this Act, amendments to community instruments authorized to be recorded shall be executed and recorded by the president of the board or such other officer authorized by the common interest community association or the community instruments. (c) If an association that currently permits leasing amends its declaration, bylaws, or rules and regulations to prohibit leasing, nothing in this Act or the declarations, bylaws, rules and regulations of an association shall prohibit a unit owner incorporated under 26 USC 501(c)(3) which is leasing a unit at the time of the prohibition from continuing to do so until such time that the unit owner voluntarily sells the unit; and no special fine, fee, dues, or penalty shall be assessed against the unit owner for leasing its unit. (d) No action to incorporate a common interest community as a municipality shall commence until an instrument agreeing to incorporation has been signed by two-thirds of the members. (e) If the community instruments require approval of any mortgagee or lienholder of record and the mortgagee or lienholder of record receives a request to approve or consent to the amendment to the community instruments, the mortgagee or lienholder of record is deemed to have approved or consented to the request unless the mortgagee or lienholder of record delivers a negative response to the requesting party within 60 days after the mailing of the request. A request to approve or consent to an amendment to the community instruments that is required to be sent to a mortgagee or lienholder of record shall be sent by certified mail. (Source: P.A. 99-41, eff. 7-14-15; 100-292, eff. 1-1-18.)

The same topic in other jurisdictions

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This page is general legal information, not legal advice, and Harrington Community is not a law firm. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.