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Updating Declaration and Bylaws

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Associations that were created long ago may find that their governing documents are not in line with newer legislation.   Clients often ask if they should have their documents updated to reflect the current IL Condo law.  Is a rewrite in order?

If an association is having difficulty interpreting their documents or finding that inconsistencies exist that are leading to conflict, an update is advisable.  However, it's not necessary to update your documents simply because the laws have changed, as this can be a costly undertaking.  The IL Condo Act will trump your governing documents when there is a conflict.  You should always cross-reference the Act when making decisions for your association.