Illinois General Assembly - Full Text of HB5276
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Full Text of HB5276  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Christine Winger


765 ILCS 160/1-25

    Amends the Common Interest Community Association Act. Deletes language allowing officers and board members to succeed themselves. Provides that the succession of board members and officers shall be determined by community instruments. Provides that a provision to limit the term or terms of a board member or officer may be adopted within a community instrument. Effective immediately.

LRB100 18049 LNS 33238 b





HB5276LRB100 18049 LNS 33238 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 1-25 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
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. The succession of board members and
21officers shall be as determined by the community instruments.
22Nothing in this Section shall forbid the adoption, within a
23community instrument, of a provision to limit the term or terms



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



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



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1    means.
2    Votes cast under any paragraph of this subsection (h-5) are
3valid for the purpose of establishing a quorum.
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.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.