Illinois General Assembly - Bill Status for SB3572

Amends the Common Interest Community Association Act. Provides that the board of directors of a common interest community association has the authority to revise all severed community instruments independent of the membership. Provides that no action to incorporate a common interest community as a municipality shall begin until two-thirds of the members sign an incorporation document. Provides that routine scheduled elections (instead of annual elections) shall be held for the board of managers or the board of directors. Provides for the elimination of voting by proxy in elections. Provides that if there are multiple owners of a single unit only one of the multiple owners is eligible to serve as a board member at any one time, unless the member owns another unit independently. Provides that the Board shall approve a budget including reserves, capital expenses, and operating expenses which shall be assessed equally to the membership. Provides that if total common expenses exceed the budget, the board shall disclose this to all members and identify subsequent assessments that will be made to offset this variance in future budgets. Provides that assessments for additions and alterations to common areas or to association-owned property not in the budget, shall be separately assessed and are subject to approval of a simple majority (instead of two-thirds) of the total members at a meeting called for that purpose. Makes other changes.

Replaces everything after the enacting clause with provisions similar to the introduced bill, with the following changes. Further amends the Common Interest Community Association Act. Provides that provisions of the declaration, bylaws, and other community instruments severed by the Act shall be revised by the board of directors independent of the membership to comply with the Act (rather than that provisions of the declaration, bylaws, and other instruments are severable and the board of directors has the authority to revise all severed community instruments independent of the membership). Replaces the term "unit owner" with the term "member" in many instances, depending upon the context, in the Act. Provides that members of the association board and officers shall be elected to terms of no more than 4 years (instead of 3 years). Makes other changes. Effective immediately.

Further amends the Common Interest Community Association Act. Provides that the definition of "member" is supplemented by stating that the terms "member" and "unit owner" may be used interchangeably as defined by the community instruments, except in situations in which a matter of legal title to the unit is involved or at issue, in which case the term "unit owner" would be the applicable term used. Provides that the election of association board members provided by community instruments shall occur no less frequently than once every 24 months. Changes several, but not all, references from "unit owner" to "member". In provisions concerning separate assessments relating to emergencies provides that an "emergency" means a danger to or a compromise of the structural integrity of the common areas or any of the common facilities (instead of or any of the common assets) of the common interest community.

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