How to Combine Condominium Units Under the Illinois Condominium Property Act (765 ILCS 605/29 and 765 ILCS 605/31): What Every Unit Owner and Board Needs to Know
As property values rise and unit owners look for ways to customize their living space, combining adjacent condominium units has become increasingly popular in Illinois. Whether creating a more prominent primary residence or expanding investment potential, the Illinois Condominium Property Act provides a pathway for combining units.
If you’re a unit owner considering this option or a board member evaluating a request to combine units, it’s essential to understand the applicable legal framework. Specifically, 765 ILCS 605/29 and 765 ILCS 605/31 of the Illinois Condominium Property Act govern this process. This article discusses combining condominium units under the Illinois Condominium Property Act and what boards and owners need to consider before moving forward.
765 ILCS 605/29: Physical Alteration of Units
765 ILCS 605/29 of the Illinois Condominium Property Act provides that a unit owner who owns two or more units has the right, subject to reasonable limitations in the condominium instruments (i.e., the declaration, bylaws, and plat), to remove or alter any intervening partition between those units. However, this right is not absolute.
Key Requirements:
- No Damage to Common Elements or Other Units: The alteration must not weaken, impair, or endanger any common element or any other unit.
- Advance Notice: The unit owner must notify the board of managers in writing at least 10 days before starting the work.
This provision allows for interior renovations, such as removing a non-load-bearing wall. However, these changes must not affect the building’s structural integrity or essential services.
Boards should consult with engineers or architects to assess whether the proposed work poses any structural risk to the building or other units.
765 ILCS 605/31: Legal Combination of Units
While 765 ILCS 605/29 allows for physical changes, 765 ILCS 605/31 addresses the legal combination of units. This more formal process involves amending the condominium instruments and may include reallocating ownership percentages and common element usage.
Definition of “Combination”
765 ILCS 605/31 of the Illinois Condominium Property Act defines a “combination” as using two or more residential units as a single unit on the plat, which may include exclusive use of adjacent common elements, such as a portion of a hallway.
Step-by-Step Process:
1. Check the Condominium Instruments: First, confirm that the declaration or bylaws do not prohibit combining units. If they do, an amendment approved by unit owners may be necessary before initiating the combination process.
2. Submit a Written Application to the Board: The unit owner must submit a written application requesting:
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- An amendment to the condominium instruments;
- Reallocation of percentage interests in the common elements;
- Reassignment of any limited common elements; and
- If desired in the event of a combination of any units, exclusive right to use adjacent common elements as limited common elements
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3. Board Approval: The application must be approved by a majority of the board of directors. If necessary, boards should conduct due diligence, including consulting with legal counsel, surveyors, or engineers, before approving any application to combine units.
4. Record the Amendment: If approved, the amendment must be recorded under 765 ILCS 605/5 and 765 ILCS 605/6. Accordingly, the plat and declaration must be amended to reflect the combined unit and the reallocated ownership interest. The plat and the declaration must be re-recorded with the pertinent recorder of deeds office. The amendment must be executed by the owners of the units being combined.
Exclusive Use of Adjacent Common Elements
Sometimes, a unit owner may request exclusive use of some adjacent common elements. Under 765 ILCS 605/31(c), the board must grant the request if:
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- The common element is not necessary or practical for use by other unit owners and
- The owner or owners of the combined unit agree to bear all associated costs of the renovation or modification.
What Happens if the Combined Unit is Later Divided?
If the combined unit is later split and a portion is sold, the board may terminate any exclusive right to use the adjacent common elements. The owner may also be required to restore the area to its original condition. However, if the combined unit is sold as a whole, the exclusive use rights are transferred to the new owner automatically.
Conclusion
Combining condominium units in Illinois is a viable option for owners looking to enhance their living space. The process requires careful planning, compliance with the Illinois Condominium Property Act, and cooperation between the owner and the board. By following the statutory requirements of 765 ILCS 605/29 and 765 ILCS 605/31 and engaging qualified professionals, associations can ensure that these projects are completed safely, legally, and with minimal disruption to the community.
If your association is considering a request to combine units or needs assistance drafting policies for handling such requests, the condominium attorneys at Hirzel Law, PLC., are here to help.
Jeremy Fernando is an Associate Attorney at Hirzel Law, PLC., Mr. Fernando is licensed to practice law in the State of Illinois. He concentrates his practice on community association law, condominium law, homeowners association law, and real estate law. Mr. Fernando’s legal career includes serving in corporate practice where he represented insurance companies and institutional investors in U.S. and cross-border private placements of securities, including transactions in the Netherlands, England, Ireland, Australia, and Germany. Mr. Fernando earned his Juris Doctor from Marquette University Law School, where he graduated with honors and ranked in the top 15% of his class. He also served as an Associate Editor of the Marquette Law Review. Mr. Fernando is committed to providing effective legal representation to his clients and is passionate about helping communities navigate complex legal challenges. He may be reached at 312-552-7669 or jfernando@hirzellaw.com.
