103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4177

 

Introduced 10/25/2023, by Rep. Tom Weber

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 160/1-25

    Amends the Common Interest Community Association Act. Provides that in cases in which each unit holder is entitled to only one vote, upon the written request of one or more unit owners, any vote to be taken must be by secret ballot.


LRB103 34717 LNS 64564 b

 

 

A BILL FOR

 

HB4177LRB103 34717 LNS 64564 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Common Interest Community Association Act
5is amended by changing Section 1-25 as follows:
 
6    (765 ILCS 160/1-25)
7    Sec. 1-25. Board of managers, board of directors, duties,
8elections, and voting.
9    (a) Elections shall be held in accordance with the
10community instruments, provided that an election shall be held
11no less frequently than once every 24 months, for the board of
12managers or board of directors from among the membership of a
13common interest community association.
14    (b) (Blank).
15    (c) The members of the board shall serve without
16compensation, unless the community instruments indicate
17otherwise.
18    (d) No member of the board or officer shall be elected for
19a term of more than 4 years, but officers and board members may
20succeed themselves.
21    (e) If there is a vacancy on the board, the remaining
22members of the board may fill the vacancy by a two-thirds vote
23of the remaining board members until the next annual meeting

 

 

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1of the membership or until members holding 20% of the votes of
2the association request a meeting of the members to fill the
3vacancy for the balance of the term. A meeting of the members
4shall be called for purposes of filling a vacancy on the board
5no later than 30 days following the filing of a petition signed
6by membership holding 20% of the votes of the association
7requesting such a meeting.
8    (f) There shall be an election of a:
9        (1) president from among the members of the board, who
10    shall preside over the meetings of the board and of the
11    membership;
12        (2) secretary from among the members of the board, who
13    shall keep the minutes of all meetings of the board and of
14    the membership and who shall, in general, perform all the
15    duties incident to the office of secretary; and
16        (3) treasurer from among the members of the board, who
17    shall keep the financial records and books of account.
18    (g) If no election is held to elect board members within
19the time period specified in the bylaws, or within a
20reasonable amount of time thereafter not to exceed 90 days,
21then 20% of the members may bring an action to compel
22compliance with the election requirements specified in the
23bylaws or operating agreement. If the court finds that an
24election was not held to elect members of the board within the
25required period due to the bad faith acts or omissions of the
26board of managers or the board of directors, the members shall

 

 

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1be entitled to recover their reasonable attorney's fees and
2costs from the association. If the relevant notice
3requirements have been met and an election is not held solely
4due to a lack of a quorum, then this subsection (g) does not
5apply.
6    (h) Where there is more than one owner of a unit and there
7is only one member vote associated with that unit, if only one
8of the multiple owners is present at a meeting of the
9membership, he or she is entitled to cast the member vote
10associated with that unit.
11    (h-5) A member may vote:
12        (1) by proxy executed in writing by the member or by
13    his or her duly authorized attorney in fact, provided,
14    however, that the proxy bears the date of execution.
15    Unless the community instruments or the written proxy
16    itself provide otherwise, proxies will not be valid for
17    more than 11 months after the date of its execution; or
18        (2) by submitting an association-issued ballot in
19    person at the election meeting; or
20        (3) by submitting an association-issued ballot to the
21    association or its designated agent by mail or other means
22    of delivery specified in the declaration or bylaws; or
23        (4) by any electronic or acceptable technological
24    means.
25    Votes cast under any paragraph of this subsection (h-5)
26are valid for the purpose of establishing a quorum.

 

 

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1    (h-10) In cases in which each unit holder is entitled to
2only one vote, upon the written request of one or more unit
3owners, any vote to be taken must be by secret ballot.
4    (i) The association may, upon adoption of the appropriate
5rules by the board, conduct elections by electronic or
6acceptable technological means. Members may not vote by proxy
7in board elections. Instructions regarding the use of
8electronic means or acceptable technological means for voting
9shall be distributed to all members not less than 10 and not
10more than 30 days before the election meeting. The instruction
11notice must include the names of all candidates who have given
12the board or its authorized agent timely written notice of
13their candidacy and must give the person voting through
14electronic or acceptable technological means the opportunity
15to cast votes for candidates whose names do not appear on the
16ballot. The board rules shall provide and the instructions
17provided to the member shall state that a member who submits a
18vote using electronic or acceptable technological means may
19request and cast a ballot in person at the election meeting,
20and thereby void any vote previously submitted by that member.
21    (j) Upon proof of purchase, the purchaser of a unit from a
22seller other than the developer pursuant to an installment
23contract for purchase shall, during such times as he or she
24resides in the unit, be counted toward a quorum for purposes of
25election of members of the board at any meeting of the
26membership called for purposes of electing members of the

 

 

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1board, shall have the right to vote for the members of the
2board of the common interest community association and to be
3elected to and serve on the board unless the seller expressly
4retains in writing any or all of such rights.
5(Source: P.A. 98-1042, eff. 1-1-15; 99-41, eff. 7-14-15.)