Full Text of HB1773 98th General Assembly
HB1773ham002 98TH GENERAL ASSEMBLY | Rep. Jim Sacia Filed: 3/13/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1773
| 2 | | AMENDMENT NO. ______. Amend House Bill 1773 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Common Interest Community Association Act | 5 | | is amended by changing Sections 1-30 and 1-55 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 3 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 |
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| 1 | | membership, for an election to approve or disapprove the | 2 | | contract; such petition shall be filed within 20 days after | 3 | | such notice and such election shall be held within 30 days | 4 | | after filing the petition. For purposes of this subsection, a | 5 | | board member's immediate family means the board member's | 6 | | spouse, parents, and children. | 7 | | (c) The bylaws shall provide for the maintenance, repair, | 8 | | and replacement of the common areas and payments therefor, | 9 | | including the method of approving payment vouchers. | 10 | | (d) (Blank). | 11 | | (e) The association may engage the services of a manager or | 12 | | management company. | 13 | | (f) The association shall have one class of membership | 14 | | unless the declaration or bylaws provide otherwise; however, | 15 | | this subsection (f) shall not be construed to limit the | 16 | | operation of subsection (c) of Section 1-20 of this Act. | 17 | | (g) The board shall have the power, after notice and an | 18 | | opportunity to be heard, to levy and collect reasonable fines | 19 | | from members or unit owners for violations of the declaration, | 20 | | bylaws, and rules and regulations of the common interest | 21 | | community association. | 22 | | (h) Other than attorney's fees and court or arbitration | 23 | | costs, no fees pertaining to the collection of a member's or | 24 | | unit owner's financial obligation to the association, | 25 | | including fees charged by a manager or managing agent, shall be | 26 | | added to and deemed a part of a member's or unit owner's |
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| 1 | | respective share of the common expenses unless: (i) the | 2 | | managing agent fees relate to the costs to collect common | 3 | | expenses for the association; (ii) the fees are set forth in a | 4 | | contract between the managing agent and the association; and | 5 | | (iii) the authority to add the management fees to a member's or | 6 | | unit owner's respective share of the common expenses is | 7 | | specifically stated in the declaration or bylaws of the | 8 | | association. | 9 | | (i) Board records. | 10 | | (1) The board shall maintain the following records of | 11 | | the association and make them available for examination and | 12 | | copying at convenient hours of weekdays by any member or | 13 | | unit owner in a common interest community subject to the | 14 | | authority of the board, their mortgagees, and their duly | 15 | | authorized agents or attorneys: | 16 | | (i) Copies of the recorded declaration, other | 17 | | community instruments, other duly recorded covenants | 18 | | and bylaws and any amendments, articles of | 19 | | incorporation, annual reports, and any rules and | 20 | | regulations adopted by the board shall be available. | 21 | | Prior to the organization of the board, the developer | 22 | | shall maintain and make available the records set forth | 23 | | in this paragraph (i) for examination and copying. | 24 | | (ii) Detailed and accurate records in | 25 | | chronological order of the receipts and expenditures | 26 | | affecting the common areas, specifying and itemizing |
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| 1 | | the maintenance and repair expenses of the common areas | 2 | | and any other expenses incurred, and copies of all | 3 | | contracts, leases, or other agreements entered into by | 4 | | the board shall be maintained. | 5 | | (iii) The minutes of all meetings of the board | 6 | | which shall be maintained for not less than 7 years. | 7 | | (iv) With a written statement of a proper purpose, | 8 | | ballots and proxies related thereto, if any, for any | 9 | | election held for the board and for any other matters | 10 | | voted on by the members, which shall be maintained for | 11 | | not less than one year. | 12 | | (v) With a written statement of a proper purpose, | 13 | | such other records of the board as are available for | 14 | | inspection by members of a not-for-profit corporation | 15 | | pursuant to Section 107.75 of the General Not For | 16 | | Profit Corporation Act of 1986 shall be maintained. | 17 | | (vi) With respect to units owned by a land trust, a | 18 | | living trust, or other legal entity, the trustee, | 19 | | officer, or manager of the entity may designate, in | 20 | | writing, a person to cast votes on behalf of the member | 21 | | or unit owner and a designation shall remain in effect | 22 | | until a subsequent document is filed with the | 23 | | association. | 24 | | (2) Where a request for records under this subsection | 25 | | is made in writing to the board or its agent, failure to | 26 | | provide the requested record or to respond within 30 days |
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| 1 | | shall be deemed a denial by the board. | 2 | | (3) A reasonable fee may be charged by the board for | 3 | | the cost of retrieving and copying records properly | 4 | | requested. | 5 | | (4) If the board fails to provide records properly | 6 | | requested under paragraph (1) of this subsection (i) within | 7 | | the time period provided in that paragraph (1), the member | 8 | | may seek appropriate relief and shall be entitled to an | 9 | | award of reasonable attorney's fees and costs if the member | 10 | | prevails and the court finds that such failure is due to | 11 | | the acts or omissions of the board of managers or the board | 12 | | of directors. | 13 | | (j) The board shall have standing and capacity to act in a | 14 | | representative capacity in relation to matters involving the | 15 | | common areas or more than one unit, on behalf of the members or | 16 | | unit owners as their interests may appear.
| 17 | | (Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; | 18 | | 97-1090, eff. 8-24-12.) | 19 | | (765 ILCS 160/1-55)
| 20 | | Sec. 1-55. Fidelity insurance. An association with 30 or | 21 | | more units shall obtain and maintain fidelity insurance | 22 | | covering persons who control or disburse funds of the | 23 | | association in an for the maximum amount of coverage that is | 24 | | commercially available or reasonably required to protect funds | 25 | | in the custody or control of the association. All management |
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| 1 | | companies which are responsible for the funds held or | 2 | | administered by the association shall maintain and furnish to | 3 | | the association a fidelity bond in an for the maximum amount of | 4 | | coverage that is commercially available or reasonably required | 5 | | to protect funds in the custody of the management company at | 6 | | any time. The association shall bear the cost of the fidelity | 7 | | insurance and fidelity bond, unless otherwise provided by | 8 | | contract between the association and a management company.
| 9 | | (Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11.)".
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