317 lines
18 KiB
JSON
317 lines
18 KiB
JSON
{
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"_meta": {
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"code": "VS-10",
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"title": "Declaration Recording Currency",
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"version": "1.0",
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"statute_primary": "765 ILCS 605/4",
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"statute_secondary": "765 ILCS 605/27",
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"diagnostic_question": "Have all amendments been recorded with the County Recorder of Deeds — and are they constructive notice to the homeowner and to any court?",
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"dsc_activations": ["DSC-03", "DSC-04", "DSC-07", "DSC-10"],
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"verification_sources": [
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{
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"label": "Kane County Recorder of Deeds",
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"url": "https://www.kanecountyrecorder.com",
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"instruction": "Search by association name and property address. Every recorded amendment to the Declaration or Bylaws should appear as a separate instrument. Compare the list of recorded instruments against any amendments the association claims are in effect. Any amendment not recorded is not constructive notice and may be unenforceable."
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},
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{
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"label": "Illinois Compiled Statutes — 765 ILCS 605/4",
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"url": "https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2200",
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"instruction": "Section 4 establishes recording requirements for the Declaration and amendments. A condominium Declaration and all amendments must be recorded to be effective as constructive notice."
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},
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{
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"label": "Illinois Compiled Statutes — 765 ILCS 605/27",
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"url": "https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2200",
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"instruction": "Section 27 governs amendment procedures. Compare the amendment procedure required by the statute against the procedure the association followed for any amendment it is currently enforcing."
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}
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],
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"renderer_notes": "VS-10 is the recording verification complement to VS-05 Bylaw Age and Amendment History. VS-05 addresses the age and statutory conflict of governing documents. VS-10 addresses whether amendments to those documents have been properly recorded. The two VS codes cross-reference each other. The diagnostic signal in VS-10 is the gap between what the association enforces and what is recorded — an amendment enforced against a homeowner that was never recorded is not constructive notice and may be unenforceable regardless of whether the homeowner received a copy. The renderer should surface a cross-reference to VS-05 when unrecorded amendments are confirmed."
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},
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"perspectives": {
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"homeowner": {
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"label": "Your Record",
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"access_state": "participant",
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"instruction": "Record what you know about your association's Declaration and any amendments to it. Have you ever seen a recorded amendment? Has the association ever enforced a rule or restriction that you could not find in the governing documents you were given? Record what you have observed and what you have been told.",
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"fields": [
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{
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"id": "ho_declaration_received",
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"label": "Have you ever received a copy of the recorded Declaration?",
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"type": "select",
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"required": true,
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"options": [
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{ "value": "yes_at_purchase", "label": "Yes — provided at closing when I purchased my unit" },
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{ "value": "yes_on_request", "label": "Yes — but only after I formally requested it" },
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{ "value": "yes_uncertain", "label": "Yes — but I am not certain it is the complete and current version" },
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{ "value": "no_never", "label": "No — I have never received a copy" },
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{ "value": "no_denied", "label": "No — I requested a copy and was denied" }
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],
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"diagnostic_flag": true,
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"flag_condition": ["no_never", "no_denied"],
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"flag_label": "Homeowner does not have recorded Declaration — access condition"
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},
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{
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"id": "ho_amendments_received",
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"label": "Have you ever received copies of any amendments to the Declaration or Bylaws?",
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"type": "select",
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"required": true,
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"options": [
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{ "value": "yes_all", "label": "Yes — I have received all amendments I am aware of" },
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{ "value": "yes_some", "label": "Yes — some amendments but I am not certain I have all of them" },
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{ "value": "no", "label": "No — I have never received any amendment" },
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{ "value": "told_none_exist", "label": "I was told no amendments have been made" }
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]
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},
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{
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"id": "ho_unrecorded_rule_enforced",
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"label": "Has the association ever enforced a rule, restriction, or obligation against you that you could not find in the governing documents you were given — or that appeared to contradict those documents?",
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"type": "boolean",
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"required": true,
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"diagnostic_flag": true,
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"flag_condition": true,
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"flag_label": "Rule enforced not found in documents provided to homeowner — recording gap possible",
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"flag_note": "A rule enforced against a homeowner that does not appear in the governing documents they were given may reflect an unrecorded amendment, an informal board policy with no documentary basis, or an amendment that was passed but never recorded. Any of these conditions affects the enforceability of the rule."
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},
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{
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"id": "ho_unrecorded_rule_detail",
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"label": "Describe the rule or restriction — what was enforced, where it appears or does not appear in your documents, and what happened when you challenged it.",
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"type": "textarea",
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"required": false,
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"depends_on": { "field": "ho_unrecorded_rule_enforced", "value": true },
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"placeholder": "Example: The association imposed a fine for [conduct] citing Rule [X]. I searched my Declaration and Bylaws and could not find any such rule. When I asked for the source, I was told the rule was adopted by the Board in [year] but was never given a copy."
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},
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{
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"id": "ho_amendment_vote_occurred",
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"label": "Have you ever been asked to vote on a Declaration or Bylaw amendment?",
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"type": "select",
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"required": true,
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"options": [
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{ "value": "yes_proper", "label": "Yes — a proper membership vote was held and I was notified" },
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{ "value": "yes_improper", "label": "Yes — a vote was held but the process did not follow the Bylaws" },
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{ "value": "no", "label": "No — I have never been asked to vote on an amendment" },
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{ "value": "unknown", "label": "I do not know" }
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],
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"diagnostic_flag": true,
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"flag_condition": "yes_improper",
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"flag_label": "Amendment vote conducted improperly — amendment validity at issue"
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},
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{
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"id": "ho_amendment_vote_detail",
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"label": "Describe the procedural defect.",
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"type": "textarea",
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"required": false,
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"depends_on": { "field": "ho_amendment_vote_occurred", "value": "yes_improper" },
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"placeholder": "Example: The amendment was presented at the annual meeting without the notice period required by Article [X]. Homeowners were not given the text of the amendment in advance. The vote was conducted by show of hands rather than secret ballot as required."
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},
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{
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"id": "ho_checked_recorder",
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"label": "Have you ever searched the Kane County Recorder of Deeds to verify what Declaration documents are recorded for your association?",
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"type": "boolean",
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"required": true
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},
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{
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"id": "ho_recorder_result",
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"label": "What did the Recorder search show?",
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"type": "select",
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"required": false,
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"depends_on": { "field": "ho_checked_recorder", "value": true },
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"options": [
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{ "value": "complete", "label": "Complete — original Declaration and all amendments recorded" },
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{ "value": "partial", "label": "Partial — original Declaration recorded, some amendments missing" },
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{ "value": "original_only", "label": "Original Declaration only — no amendments recorded" },
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{ "value": "not_found", "label": "No Declaration found under the association name or property address" }
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],
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"diagnostic_flag": true,
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"flag_condition": ["partial", "original_only", "not_found"],
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"flag_label": "Recorder search shows incomplete recording — amendments may not be constructive notice"
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},
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{
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"id": "ho_account",
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"label": "Your account — describe what happened in your own words.",
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"type": "textarea",
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"required": false,
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"placeholder": "No required format. No legal terminology needed. You do not need to be neutral. You need to be accurate."
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}
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]
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},
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"professional": {
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"label": "Professional Record",
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"access_state": "professional",
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"instruction": "Verify the complete recording history of the Declaration and all amendments from the County Recorder. Identify any amendments the association is enforcing that are not recorded. Assess the enforceability of unrecorded amendments and the procedural validity of any amendments that are recorded. Upgrade or downgrade the homeowner record as warranted.",
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"fields": [
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{
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"id": "pro_declaration_recorded",
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"label": "Is the original Declaration recorded with the Kane County Recorder of Deeds?",
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"type": "boolean",
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"required": true,
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"diagnostic_flag": true,
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"flag_condition": false,
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"flag_label": "Original Declaration not recorded — foundational enforceability at issue"
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},
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{
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"id": "pro_declaration_instrument",
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"label": "Declaration instrument number and recording date",
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"type": "text",
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"required": false,
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"depends_on": { "field": "pro_declaration_recorded", "value": true },
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"placeholder": "e.g. Document No. 2005K012345, recorded January 15, 2005"
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},
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{
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"id": "pro_amendments_recorded_count",
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"label": "Number of amendments recorded with the County Recorder",
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"type": "number",
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"required": false,
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"placeholder": "Enter 0 if no amendments are recorded"
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},
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{
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"id": "pro_amendments_claimed_count",
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"label": "Number of amendments the association claims are in effect",
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"type": "number",
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"required": false,
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"placeholder": "As represented by the association's governing documents"
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},
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{
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"id": "pro_recording_gap_present",
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"label": "Is there a gap between the number of amendments recorded and the number the association claims are in effect?",
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"type": "boolean",
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"required": true,
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"diagnostic_flag": true,
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"flag_condition": true,
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"flag_label": "Recording gap confirmed — amendments claimed but not recorded",
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"flag_note": "An amendment not recorded with the County Recorder is not constructive notice. It may not be enforceable against a homeowner who did not have actual notice of it, regardless of whether the homeowner received a copy from the association."
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},
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{
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"id": "pro_unrecorded_amendments_detail",
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"label": "Identify the unrecorded amendments and describe their content.",
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"type": "textarea",
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"required": false,
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"depends_on": { "field": "pro_recording_gap_present", "value": true },
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"placeholder": "For each unrecorded amendment: date adopted, subject matter, and whether it is currently being enforced against the homeowner."
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},
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{
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"id": "pro_enforced_unrecorded",
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"label": "Is the association currently enforcing any provision based on an unrecorded amendment?",
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"type": "boolean",
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"required": true,
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"diagnostic_flag": true,
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"flag_condition": true,
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"flag_label": "Unrecorded amendment being enforced — constructive notice not established"
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},
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{
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"id": "pro_amendment_procedure_valid",
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"label": "Were the recorded amendments adopted by a procedure that complies with 765 ILCS 605/27 and the Bylaws?",
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"type": "select",
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"required": false,
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"options": [
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{ "value": "yes", "label": "Yes — procedure compliant with statute and Bylaws" },
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{ "value": "no_statute", "label": "No — procedure did not comply with 765 ILCS 605/27" },
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{ "value": "no_bylaws", "label": "No — procedure did not comply with the Bylaws" },
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{ "value": "no_both", "label": "No — procedure did not comply with statute or Bylaws" },
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{ "value": "not_verified", "label": "Not yet verified" }
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],
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"diagnostic_flag": true,
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"flag_condition": ["no_statute", "no_bylaws", "no_both"],
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"flag_label": "Amendment procedure non-compliant — recorded amendment validity at issue"
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},
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{
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"id": "pro_vs05_cross_reference",
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"label": "Does the recording gap analysis connect to a VS-05 finding — Bylaws containing provisions void by operation of statute?",
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"type": "boolean",
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"required": true
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},
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{
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"id": "pro_vs05_connection_detail",
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"label": "Describe the VS-05 connection.",
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"type": "textarea",
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"required": false,
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"depends_on": { "field": "pro_vs05_cross_reference", "value": true },
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"placeholder": "Example: The unrecorded 2018 amendment purports to restrict document access rights. VS-05 analysis shows the underlying Bylaw provision is void under 765 ILCS 605/19(h). The unrecorded amendment compounds a void provision — it is both unrecorded and based on a provision the statute has superseded."
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},
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{
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"id": "pro_assessment",
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"label": "Professional assessment — upgrade, downgrade, or confirm the homeowner record.",
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"type": "select",
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"required": true,
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"options": [
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{ "value": "confirmed", "label": "Confirmed — homeowner record is accurate" },
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{ "value": "upgraded", "label": "Upgraded — condition is more significant than homeowner record indicates" },
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{ "value": "downgraded", "label": "Downgraded — condition is less significant than homeowner record indicates" },
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{ "value": "insufficient", "label": "Insufficient information — further verification required" }
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]
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},
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{
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"id": "pro_notes",
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"label": "Professional notes",
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"type": "textarea",
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"required": false,
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"placeholder": "List all recorded instruments with document numbers and dates. Identify any recording gaps. Cite the specific statutory authority for constructive notice requirements and the enforceability consequences of unrecorded amendments."
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}
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]
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},
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"public_record": {
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"label": "Public Record",
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"access_state": "operator",
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"instruction": "Enter the court or appellate ruling on any Declaration recording, amendment validity, or constructive notice question. Immutable after submission except for corrections to spelling or citation format.",
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"immutable_after_submit": true,
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"fields": [
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{
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"id": "pr_adjudicated_condition",
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"label": "Condition adjudicated",
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"type": "select",
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"required": true,
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"options": [
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{ "value": "unrecorded_unenforceable", "label": "Unrecorded amendment — unenforceable for lack of constructive notice" },
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{ "value": "amendment_procedure_invalid", "label": "Amendment procedure — non-compliant with statute or Bylaws" },
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{ "value": "constructive_notice", "label": "Constructive notice — recording requirement" },
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{ "value": "declaration_not_recorded", "label": "Original Declaration not recorded — foundational enforceability" },
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{ "value": "other", "label": "Other — describe in summary" }
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]
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},
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{
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"id": "pr_case_citation",
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"label": "Case citation",
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"type": "text",
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"required": true,
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"placeholder": "e.g. Smith v. Elm Court Condominium Assoc., 2023 IL App (2d) 220145"
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},
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{
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"id": "pr_court",
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"label": "Court",
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"type": "text",
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"required": true,
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"placeholder": "e.g. Illinois Appellate Court, Second District"
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},
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{
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"id": "pr_ruling_date",
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"label": "Ruling date",
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"type": "date",
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"required": true
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},
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{
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"id": "pr_ruling_summary",
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"label": "Ruling summary — the court's finding in plain language.",
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"type": "textarea",
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"required": true,
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"placeholder": "Describe what the court determined and on what basis."
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}
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]
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}
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},
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"spool": {
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"contract_version": "1.0",
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"addon": "vs01",
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"vs_code": "VS-10",
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"payload_fields": [
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"perspective",
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"association_address",
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"submitted_at",
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"standing",
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"fields"
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],
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"notes": "VS-10 completes the ten Vital Signs schema set. The pro_vs05_cross_reference field explicitly bridges VS-10 to VS-05 — an unrecorded amendment that is also based on a void Bylaw provision compounds two independent enforceability defects. The renderer spec must handle explicit cross-VS reference fields as a display element. VS-10 also completes the recording triad: VS-05 addresses Bylaw age and statutory conflict, VS-08 addresses corporate standing with the Secretary of State, and VS-10 addresses Declaration recording currency with the County Recorder. All three verification sources are public record lookups. All three are independently verifiable without association cooperation."
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}
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}
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