ILCS » Chapter 765 · Act 605
Illinois Compiled Statutes

765 ILCS 605/17 (2026)

Amendments to the declaration or bylaws

✓ current as of May 2026
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(765 ILCS 605/17) (from Ch. 30, par. 317)
    Sec. 17. Amendments to the declaration or bylaws. (a) The administration of every property shall be governed by bylaws, 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 or bylaws shall be valid unless the same is set forth in an amendment thereof and such amendment is duly recorded. An amendment of the declaration or bylaws shall be deemed effective upon recordation unless the amendment sets forth a different effective date.
    (b) Unless otherwise provided by this Act, amendments to condominium instruments authorized to be recorded shall be executed and recorded by the president of the association or such other officer authorized by the board of managers.
(Source: P.A. 83-833.)

    
Notes of Decisions
Cited in 6 cases, 1995–2019 · leading case: Woodside Vill. Condo. Ass'n, Inc. v. Jahren, 806 So. 2d 452 (Fla. 2002).
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Woodside Vill. Condo. Ass'n, Inc. v. Jahren, 806 So. 2d 452 (Fla. 2002). “" (765 ILCS 605/17 (West 1994).) In our view, neither the fact that there were no restrictions on the property when the Harmons purchased their unit nor the *460 fact that the Harmons purchased the property for investment purposes is relevant to the proper resolution of the…”
Apple II Condo. Ass'n v. Worth Bank & Trust Co., 659 N.E.2d 93 (Ill. App. Ct. 1995). “” (765 ILCS 605/17 (West 1994).) In our view, neither the fact that there were no restrictions on the property when the Harmons purchased their unit nor the fact that the Harmons purchased the property for investment purposes is relevant to the proper resolution of the issues…”
Bd. of Directors of 175 East Delaware Place Homeowners Ass'n v. Hinojosa, 679 N.E.2d 407 (Ill. App. Ct. 1997). “765 ILCS 605/17(a) (West 1994). Should the bylaws conflict with the declaration, the declaration prevails.”
Siena at Old Orchard Condo. Ass'n v. Siena at Old Orchard, L.L.C., 2018 IL App (1st) 182133 (Ill. App. Ct. 2019). “See 765 ILCS 605/17(a) (West 2010) (“An amendment of the declaration or bylaws shall be deemed effective upon recordation unless the amendment sets forth a different effective date.”
Siena at Old Orchard Condo. Ass'n v. Siena at Old Orchard, L.L.C., 2018 IL App (1st) 182133 (Ill. App. Ct. 2018). “See 765 ILCS 605/17(a) (West 2010) ("An amendment of the declaration or bylaws shall be deemed effective upon recordation unless the amendment sets forth a different effective date.”
Bd. of Directors of 175 E. Delaware v. Hinojosa (Ill. App. Ct. 1997). “765 ILCS 605/17(a) (West 1994). Should the bylaws conflict with the declaration, the declaration prevails.”
— 765 ILCS 605/17(a) — 4 cases
Bd. of Directors of 175 East Delaware Place Homeowners Ass'n v. Hinojosa, 679 N.E.2d 407 (Ill. App. Ct. 1997). “765 ILCS 605/17(a) (West 1994). Should the bylaws conflict with the declaration, the declaration prevails.”
Siena at Old Orchard Condo. Ass'n v. Siena at Old Orchard, L.L.C., 2018 IL App (1st) 182133 (Ill. App. Ct. 2019). “See 765 ILCS 605/17(a) (West 2010) (“An amendment of the declaration or bylaws shall be deemed effective upon recordation unless the amendment sets forth a different effective date.”
Siena at Old Orchard Condo. Ass'n v. Siena at Old Orchard, L.L.C., 2018 IL App (1st) 182133 (Ill. App. Ct. 2018). “See 765 ILCS 605/17(a) (West 2010) ("An amendment of the declaration or bylaws shall be deemed effective upon recordation unless the amendment sets forth a different effective date.”
Bd. of Directors of 175 E. Delaware v. Hinojosa (Ill. App. Ct. 1997). “765 ILCS 605/17(a) (West 1994). Should the bylaws conflict with the declaration, the declaration prevails.”
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