Illinois Compiled Statutes
765 ILCS 605/6 (2026)
Recording - Effect
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(765 ILCS 605/6)
(from Ch. 30, par. 306)
Sec. 6.
Recording - Effect.)
Upon compliance with the provisions of Sections 3, 4, and 5 and upon
recording of the declaration and plat the property shall become subject to
the provisions of this Act, and all units shall thereupon be capable of
ownership in fee simple or any lesser estate, and may thereafter be
conveyed, leased, mortgaged or otherwise dealt with in the same manner as
other real property, but subject, however, to the limitations imposed by
this Act.
Each unit owner shall be entitled to the percentage of ownership in the
common elements appertaining to such unit as computed and set forth in the
declaration pursuant to subsection (e) of Section 4 hereof, and ownership
of such unit and of the owner's corresponding percentage of ownership in
the common elements shall not be separated, except as provided in this Act,
nor, except by the recording of
an amended declaration and amended plat approved in writing by all unit
owners, shall any unit, by deed, plat, judgment of a court or otherwise, be
subdivided or in any other manner separated into tracts or parcels
different from the whole unit as shown on the plat, except as provided in this Act.
The condominium instruments may contain provisions in
accordance with this Act providing for the reallocation and
adjustment of the percentage of ownership in the common elements
appertaining to a unit or units in circumstances relating to
the following transactions: an add-on condominium; condemnation; damage
or destruction of all or a portion of the property; and the subdivision
or combination of units. Interests in the common elements shall be re-allocated,
and the transaction shall be
deemed effective at the time of the recording of an amended plat
depicting same pursuant to Section 5 of this Act. Simultaneously
with the recording of the amended plat, the developer in the
case of an add-on condominium, or the President of the board of
managers or other officer in other instances authorized in this Act shall
execute and record an amendment to the declaration setting forth
all pertinent aspects of the transaction including the reallocation or
adjustment of the common interest. The amendment shall contain legal
descriptions sufficient to indicate the location of any property involved
in the transaction.
(Source: P.A. 84-1308.)
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2013–2022 · leading case: Palm v. 2800 Lake Shore Drive Condo. Assn'n, 2013 IL 110505 (Ill. 2013).
Palm v. 2800 Lake Shore Drive Condo. Assn'n, 2013 IL 110505 (Ill. 2013). “See 765 ILCS 605/6 (West 2000) (upon recording, the property “shall become subject to the provisions of [the Condominium Property] Act”).”
Cnty. of Peoria v. Couture, 2022 IL App (3d) 210091 (Ill. App. Ct. 2022). “See 765 ILCS 605/6 (West 2020) (providing that “[e]ach unit owner shall be entitled to the percentage of ownership in the common elements appertaining to such unit as computed and set forth in the declaration”).”
Sagewood Partners, LLC Series B v. South Bay Partners, LLC, 2021 IL App (1st) 200432-U (Ill. App. Ct. 2021). “See 765 ILCS 605/6 (West 2018) (ownership of each unit and of the corresponding percentage of ownership in the common elements may not be separated or subdivided except as provided in the Act).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|