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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Common Interest Community Association Act is | |||||||||||||||||||
5 | amended by changing Section 1-30 as follows: | |||||||||||||||||||
6 | (765 ILCS 160/1-30)
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7 | Sec. 1-30. Board duties and obligations; records. | |||||||||||||||||||
8 | (a) The board shall meet at least 4 times annually. | |||||||||||||||||||
9 | (b) A member of the board of the common interest community | |||||||||||||||||||
10 | association may not enter into a contract with a current board | |||||||||||||||||||
11 | member, or with a corporation or partnership in which a board | |||||||||||||||||||
12 | member or a member of his or her immediate family has 25% or | |||||||||||||||||||
13 | more interest, unless notice of intent to enter into the | |||||||||||||||||||
14 | contract is given to members within 20 days after a decision is | |||||||||||||||||||
15 | made to enter into the contract and the members are afforded an | |||||||||||||||||||
16 | opportunity by filing a petition, signed by 20% of the | |||||||||||||||||||
17 | membership, for an election to approve or disapprove the | |||||||||||||||||||
18 | contract; such petition shall be filed within 20 days after | |||||||||||||||||||
19 | such notice and such election shall be held within 30 days | |||||||||||||||||||
20 | after filing the petition. For purposes of this subsection, a | |||||||||||||||||||
21 | board member's immediate family means the board member's | |||||||||||||||||||
22 | spouse, parents, siblings, and children. | |||||||||||||||||||
23 | (c) The bylaws shall provide for the maintenance, repair, |
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1 | and replacement of the common areas and payments therefor, | ||||||
2 | including the method of approving payment vouchers. | ||||||
3 | (d) (Blank). | ||||||
4 | (e) The association may engage the services of a manager or | ||||||
5 | management company. | ||||||
6 | (f) The association shall have one class of membership | ||||||
7 | unless the declaration or bylaws provide otherwise; however, | ||||||
8 | this subsection (f) shall not be construed to limit the | ||||||
9 | operation of subsection (c) of Section 1-20 of this Act. | ||||||
10 | (g) The board shall have the power, after notice and an | ||||||
11 | opportunity to be heard, to levy and collect reasonable fines | ||||||
12 | from members or unit owners for violations of the declaration, | ||||||
13 | bylaws, and rules and regulations of the common interest | ||||||
14 | community association. | ||||||
15 | (h) Other than attorney's fees and court or arbitration | ||||||
16 | costs, no fees pertaining to the collection of a member's or | ||||||
17 | unit owner's financial obligation to the association, | ||||||
18 | including fees charged by a manager or managing agent, shall be | ||||||
19 | added to and deemed a part of a member's or unit owner's | ||||||
20 | respective share of the common expenses unless: (i) the | ||||||
21 | managing agent fees relate to the costs to collect common | ||||||
22 | expenses for the association; (ii) the fees are set forth in a | ||||||
23 | contract between the managing agent and the association; and | ||||||
24 | (iii) the authority to add the management fees to a member's or | ||||||
25 | unit owner's respective share of the common expenses is | ||||||
26 | specifically stated in the declaration or bylaws of the |
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1 | association. | ||||||
2 | (i) Board records. | ||||||
3 | (1) The board shall maintain the following records of | ||||||
4 | the association and make them available for examination and | ||||||
5 | copying at convenient hours of weekdays by any member or | ||||||
6 | unit owner in a common interest community subject to the | ||||||
7 | authority of the board, their mortgagees, and their duly | ||||||
8 | authorized agents or attorneys: | ||||||
9 | (i) Copies of the recorded declaration, other | ||||||
10 | community instruments, other duly recorded covenants | ||||||
11 | and bylaws and any amendments, articles of | ||||||
12 | incorporation, annual reports, and any rules and | ||||||
13 | regulations adopted by the board shall be available. | ||||||
14 | Prior to the organization of the board, the developer | ||||||
15 | shall maintain and make available the records set forth | ||||||
16 | in this paragraph (i) for examination and copying. | ||||||
17 | (ii) Detailed and accurate records in | ||||||
18 | chronological order of the receipts and expenditures | ||||||
19 | affecting the common areas, specifying and itemizing | ||||||
20 | the maintenance and repair expenses of the common areas | ||||||
21 | and any other expenses incurred, and copies of all | ||||||
22 | contracts, leases, or other agreements entered into by | ||||||
23 | the board shall be maintained. | ||||||
24 | (iii) The minutes of all meetings of the board | ||||||
25 | which shall be maintained for not less than 7 years. | ||||||
26 | (iv) With a written statement of a proper purpose, |
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1 | ballots and proxies related thereto, if any, for any | ||||||
2 | election held for the board and for any other matters | ||||||
3 | voted on by the members, which shall be maintained for | ||||||
4 | not less than one year. | ||||||
5 | (v) With a written statement of a proper purpose, | ||||||
6 | such other records of the board as are available for | ||||||
7 | inspection by members of a not-for-profit corporation | ||||||
8 | pursuant to Section 107.75 of the General Not For | ||||||
9 | Profit Corporation Act of 1986 shall be maintained. | ||||||
10 | (vi) With respect to units owned by a land trust, a | ||||||
11 | living trust, or other legal entity, the trustee, | ||||||
12 | officer, or manager of the entity may designate, in | ||||||
13 | writing, a person to cast votes on behalf of the member | ||||||
14 | or unit owner and a designation shall remain in effect | ||||||
15 | until a subsequent document is filed with the | ||||||
16 | association. | ||||||
17 | (2) Where a request for records under this subsection | ||||||
18 | is made in writing to the board or its agent, failure to | ||||||
19 | provide the requested record or to respond within 30 days | ||||||
20 | shall be deemed a denial by the board. | ||||||
21 | (3) A reasonable fee may be charged by the board for | ||||||
22 | the cost of retrieving and copying records properly | ||||||
23 | requested. | ||||||
24 | (4) If the board fails to provide records properly | ||||||
25 | requested under paragraph (1) of this subsection (i) within | ||||||
26 | the time period provided in that paragraph (1), the member |
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1 | may seek appropriate relief and shall be entitled to an | ||||||
2 | award of reasonable attorney's fees and costs if the member | ||||||
3 | prevails and the court finds that such failure is due to | ||||||
4 | the acts or omissions of the board of managers or the board | ||||||
5 | of directors. | ||||||
6 | (j) The board shall have standing and capacity to act in a | ||||||
7 | representative capacity in relation to matters involving the | ||||||
8 | common areas or more than one unit, on behalf of the members or | ||||||
9 | unit owners as their interests may appear.
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10 | (Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; | ||||||
11 | 97-1090, eff. 8-24-12.)
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
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