Rep. Tom Cross
Filed: 3/23/2006
 
 

 




 

 		












09400SB2772ham001

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AMENDMENT TO SENATE BILL 2772




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    AMENDMENT NO. ______. Amend Senate Bill 2772 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Business Corporation Act of 1983  is amended  
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by changing Section 2.35 as follows:
 



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    (805 ILCS 5/2.35)  (from Ch. 32, par. 2.35)


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    Sec. 2.35. Meetings of the board of directors of a 
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residential
cooperative corporation containing 24 or more 
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units shall be open to any
residential shareholder, except for 
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the portion of any meeting held (i) to
discuss litigation when 
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an action against or on behalf of the
corporation has been 
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filed and is pending in a court or administrative
tribunal, or 
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when the board of directors finds that such an action is

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probable or imminent, (ii) to consider information regarding 
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appointment,
employment or dismissal of an employee, or (iii) 
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to discuss violations of
rules and regulations of the 
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corporation by a residential shareholder.
Any residential 
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shareholder
may record by tape, film or other means the 
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proceedings at such meetings or
portions thereof required to be

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open by this Section. The board may prescribe
reasonable rules 
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and regulations to govern the right to make such
recordings. 
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Notice of such meetings shall be mailed or delivered at
least 
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48 hours prior thereto, unless a written waiver of such notice 
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is
signed by the person or persons entitled to such notice 
 


 






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pursuant to the
articles of incorporation, bylaws, or other 
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instrument
before the meeting is convened. Copies
of notices of 
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meetings of the board of directors shall be posted in

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entranceways, elevators, or other conspicuous places in the 
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residential
cooperative at least 48 hours prior to the meeting 
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of the board of
directors. If there is no common entranceway 
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for 7 or more
apartments, the board of directors may designate 
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one or more locations in
the proximity of such units where the 
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notices of meetings shall be posted.
For purposes of this 
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Section, "meeting of the board of directors" means any

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gathering of a quorum of the members of the board of directors 
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of the
residential cooperative held for the purpose of 
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discussing business of the
cooperative.
The provisions of this 
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Section shall apply to any residential cooperative
containing 
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24 or more units situated in the State of Illinois regardless 
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of where
such cooperative may be incorporated.

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(Source: P.A. 92-638, eff. 1-1-03.)


 
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    Section 10. The General Not For Profit Corporation Act of 
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1986 is amended  by changing Section 108.21 as follows:
 



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



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    Sec. 108.21. Meetings of the board of directors of a 
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not-for-profit homeowners association or residential

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cooperative not-for-profit corporation containing 24 or more 
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units
shall be open to any member, except for the portion of 
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any meeting held (i) to
discuss litigation when an action 
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against or on behalf of the
corporation has been filed and is 
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pending in a court or administrative
tribunal, or when the 
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board of directors finds that such an action is
probable or 
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imminent, (ii) to consider information regarding appointment,

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employment or dismissal of an employee, or (iii) to discuss 
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violations of
rules and regulations of the corporation by a 
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residential shareholder.
Any member
may record by tape, film or 
 


 






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other means the proceedings at such meetings or
portions 
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thereof required to be
open by this Section. The board may 
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prescribe
reasonable rules and regulations to govern the right 
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to make such
recordings. Notice of such meetings shall be 
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mailed or delivered at
least 48 hours prior thereto, unless a 
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written waiver of such notice is
signed by the person or 
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persons entitled to such notice pursuant to the
articles of 
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incorporation, bylaws, other instrument
before the meeting is 
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convened. Copies
of notices of meetings of the board of 
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directors shall be posted in
entranceways, elevators, or other 
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conspicuous places in the residential
cooperative at least 48 
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hours prior to the meeting of the board of
directors. If there 
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is no common entranceway for 7 or more
units
apartments, the 
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board of directors may designate one or more locations in
the 
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proximity of such units where the notices of meetings shall be 
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posted.
For purposes of this Section, "meeting of the board of 
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directors" means any
gathering of a quorum of the members of 
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the board of directors of the
residential cooperative held for 
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the purpose of discussing business of the
homeowners 
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association or cooperative.
The provisions of this Section 
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shall apply to any homeowners association or residential 
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cooperative
containing 24 or more units
situated in the State 
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of Illinois regardless of where
it
such cooperative may be 
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incorporated.

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

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