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Public Act 098-0232 Public Act 0232 98TH GENERAL ASSEMBLY |
Public Act 098-0232 | HB1773 Enrolled | LRB098 05732 HEP 35771 b |
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| AN ACT concerning civil law.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Common Interest Community Association Act is | amended by changing Section 1-30 as follows: | (765 ILCS 160/1-30)
| Sec. 1-30. Board duties and obligations; records. | (a) The board shall meet at least 4 times annually. | (b) A member of the board of the common interest community | association may not enter into a contract with a current board | member, or with a corporation or partnership in which a board | member or a member of his or her immediate family has 25% or | more interest, unless notice of intent to enter into the | contract is given to members within 20 days after a decision is | made to enter into the contract and the members are afforded an | opportunity by filing a petition, signed by 20% of the | membership, for an election to approve or disapprove the | contract; such petition shall be filed within 20 days after | such notice and such election shall be held within 30 days | after filing the petition. For purposes of this subsection, a | board member's immediate family means the board member's | spouse, parents, and children. | (c) The bylaws shall provide for the maintenance, repair, |
| and replacement of the common areas and payments therefor, | including the method of approving payment vouchers. | (d) (Blank). | (e) The association may engage the services of a manager or | management company. | (f) The association shall have one class of membership | unless the declaration or bylaws provide otherwise; however, | this subsection (f) shall not be construed to limit the | operation of subsection (c) of Section 1-20 of this Act. | (g) The board shall have the power, after notice and an | opportunity to be heard, to levy and collect reasonable fines | from members or unit owners for violations of the declaration, | bylaws, and rules and regulations of the common interest | community association. | (h) Other than attorney's fees and court or arbitration | costs, no fees pertaining to the collection of a member's or | unit owner's financial obligation to the association, | including fees charged by a manager or managing agent, shall be | added to and deemed a part of a member's or unit owner's | respective share of the common expenses unless: (i) the | managing agent fees relate to the costs to collect common | expenses for the association; (ii) the fees are set forth in a | contract between the managing agent and the association; and | (iii) the authority to add the management fees to a member's or | unit owner's respective share of the common expenses is | specifically stated in the declaration or bylaws of the |
| association. | (i) Board records. | (1) The board shall maintain the following records of | the association and make them available for examination and | copying at convenient hours of weekdays by any member or | unit owner in a common interest community subject to the | authority of the board, their mortgagees, and their duly | authorized agents or attorneys: | (i) Copies of the recorded declaration, other | community instruments, other duly recorded covenants | and bylaws and any amendments, articles of | incorporation, annual reports, and any rules and | regulations adopted by the board shall be available. | Prior to the organization of the board, the developer | shall maintain and make available the records set forth | in this paragraph (i) for examination and copying. | (ii) Detailed and accurate records in | chronological order of the receipts and expenditures | affecting the common areas, specifying and itemizing | the maintenance and repair expenses of the common areas | and any other expenses incurred, and copies of all | contracts, leases, or other agreements entered into by | the board shall be maintained. | (iii) The minutes of all meetings of the board | which shall be maintained for not less than 7 years. | (iv) With a written statement of a proper purpose, |
| ballots and proxies related thereto, if any, for any | election held for the board and for any other matters | voted on by the members, which shall be maintained for | not less than one year. | (v) With a written statement of a proper purpose, | such other records of the board as are available for | inspection by members of a not-for-profit corporation | pursuant to Section 107.75 of the General Not For | Profit Corporation Act of 1986 shall be maintained. | (vi) With respect to units owned by a land trust, a | living trust, or other legal entity, the trustee, | officer, or manager of the entity may designate, in | writing, a person to cast votes on behalf of the member | or unit owner and a designation shall remain in effect | until a subsequent document is filed with the | association. | (2) Where a request for records under this subsection | is made in writing to the board or its agent, failure to | provide the requested record or to respond within 30 days | shall be deemed a denial by the board. | (3) A reasonable fee may be charged by the board for | the cost of retrieving and copying records properly | requested. | (4) If the board fails to provide records properly | requested under paragraph (1) of this subsection (i) within | the time period provided in that paragraph (1), the member |
| may seek appropriate relief and shall be entitled to an | award of reasonable attorney's fees and costs if the member | prevails and the court finds that such failure is due to | the acts or omissions of the board of managers or the board | of directors. | (j) The board shall have standing and capacity to act in a | representative capacity in relation to matters involving the | common areas or more than one unit, on behalf of the members or | unit owners as their interests may appear.
| (Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; | 97-1090, eff. 8-24-12.)
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Effective Date: 1/1/2014
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