Question:
If the CCR’s and By Laws were both recorded, does it take an amendment to change something in the Bylaws? I know if there’s a change in the CCR’s you need an amendment and it has to be recorded with the county.
– Risa
Answer:
Hi Risa,
Yes, you will need to make an amendment to change something in the bylaws. Section 1-20 of the Illinois Common Interest Community Association Act addresses this:
“(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.”
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