Illinois General Assembly - Full Text of HB2374
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Full Text of HB2374  98th General Assembly




HB2374 EnrolledLRB098 07876 HEP 37960 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 is
5amended by changing Section 1-30 as follows:
6    (765 ILCS 160/1-30)
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
10association may not enter into a contract with a current board
11member, or with a corporation or partnership in which a board
12member or a member of his or her immediate family has 25% or
13more interest, unless notice of intent to enter into the
14contract is given to members within 20 days after a decision is
15made to enter into the contract and the members are afforded an
16opportunity by filing a petition, signed by 20% of the
17membership, for an election to approve or disapprove the
18contract; such petition shall be filed within 20 days after
19such notice and such election shall be held within 30 days
20after filing the petition. For purposes of this subsection, a
21board member's immediate family means the board member's
22spouse, parents, siblings, and children.
23    (c) The bylaws shall provide for the maintenance, repair,



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1and replacement of the common areas and payments therefor,
2including the method of approving payment vouchers.
3    (d) (Blank).
4    (e) The association may engage the services of a manager or
5management company.
6    (f) The association shall have one class of membership
7unless the declaration or bylaws provide otherwise; however,
8this subsection (f) shall not be construed to limit the
9operation of subsection (c) of Section 1-20 of this Act.
10    (g) The board shall have the power, after notice and an
11opportunity to be heard, to levy and collect reasonable fines
12from members or unit owners for violations of the declaration,
13bylaws, and rules and regulations of the common interest
14community association.
15    (h) Other than attorney's fees and court or arbitration
16costs, no fees pertaining to the collection of a member's or
17unit owner's financial obligation to the association,
18including fees charged by a manager or managing agent, shall be
19added to and deemed a part of a member's or unit owner's
20respective share of the common expenses unless: (i) the
21managing agent fees relate to the costs to collect common
22expenses for the association; (ii) the fees are set forth in a
23contract between the managing agent and the association; and
24(iii) the authority to add the management fees to a member's or
25unit owner's respective share of the common expenses is
26specifically stated in the declaration or bylaws of the



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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
7representative capacity in relation to matters involving the
8common areas or more than one unit, on behalf of the members or
9unit owners as their interests may appear.
10(Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11;
1197-1090, eff. 8-24-12.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.