94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2772


 
Introduced 1/20/2006, by Sen. William E. Peterson
 
SYNOPSIS AS INTRODUCED:
 		














805 ILCS 105/108.21
  from Ch. 32, par. 108.21








    Amends the General Not For Profit Corporation Act of 1986. Provides for open meetings for the listed type of meetings of the board of directors of a residential not-for-profit homeowners association. Effective immediately.
















LRB094 18971 LCT 54438 b

















 


 


A BILL FOR









 











SB2772

LRB094 18971 LCT 54438 b






1
    AN ACT concerning business.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:

 
4
    Section 5. The General Not For Profit Corporation Act of 
5
1986 is amended  by changing Section 108.21 as follows:
 



6
    (805 ILCS 105/108.21)  (from Ch. 32, par. 108.21)



7
    Sec. 108.21. Meetings of the board of directors of a 
8
residential
not-for-profit homeowners association or 
9
cooperative not-for-profit corporation containing 24 or more 
10
units
shall be open to any member, except for the portion of 
11
any meeting held (i) to
discuss litigation when an action 
12
against or on behalf of the
corporation has been filed and is 
13
pending in a court or administrative
tribunal, or when the 
14
board of directors finds that such an action is
probable or 
15
imminent, (ii) to consider information regarding appointment,

16
employment or dismissal of an employee, or (iii) to discuss 
17
violations of
rules and regulations of the corporation by a 
18
residential shareholder.
Any member
may record by tape, film or 
19
other means the proceedings at such meetings or
portions 
20
thereof required to be
open by this Section. The board may 
21
prescribe
reasonable rules and regulations to govern the right 
22
to make such
recordings. Notice of such meetings shall be 
23
mailed or delivered at
least 48 hours prior thereto, unless a 
24
written waiver of such notice is
signed by the person or 
25
persons entitled to such notice pursuant to the
articles of 
26
incorporation, bylaws, other instrument
before the meeting is 
27
convened. Copies
of notices of meetings of the board of 
28
directors shall be posted in
entranceways, elevators, or other 
29
conspicuous places in the residential
cooperative at least 48 
30
hours prior to the meeting of the board of
directors. If there 
31
is no common entranceway for 7 or more
apartments, the board of 
32
directors may designate one or more locations in
the proximity 
 


 






SB2772
- 2 -
LRB094 18971 LCT 54438 b




1
of such units where the notices of meetings shall be posted.

2
For purposes of this Section, "meeting of the board of 
3
directors" means any
gathering of a quorum of the members of 
4
the board of directors of the
residential cooperative held for 
5
the purpose of discussing business of the
cooperative.
The 
6
provisions of this Section shall apply to any residential 
7
cooperative
containing 24 or more units
situated in the State 
8
of Illinois regardless of where
such cooperative may be 
9
incorporated.

10
(Source: P.A. 91-465, eff. 8-6-99; 92-638, eff. 1-1-03.)


 
11
    Section 99. Effective date. This Act takes effect upon 
12
becoming law.