Full Text of HB4796 98th General Assembly
HB4796ham001 98TH GENERAL ASSEMBLY | Rep. Patricia R. Bellock Filed: 3/26/2014
| | 09800HB4796ham001 | | LRB098 14153 HEP 57209 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4796
| 2 | | AMENDMENT NO. ______. Amend House Bill 4796 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 Section 1-40 and 1-75 as follows: | 6 | | (765 ILCS 160/1-40)
| 7 | | Sec. 1-40. Meetings. | 8 | | (a) Notice of any membership meeting shall be given | 9 | | detailing the time, place, and purpose of such meeting no less | 10 | | than 10 and no more than 30 days prior to the meeting through a | 11 | | prescribed delivery method. | 12 | | (b) Meetings. | 13 | | (1) Twenty percent of the membership shall constitute a | 14 | | quorum, unless the community instruments indicate a lesser | 15 | | amount. | 16 | | (2) The membership shall hold an annual meeting. The |
| | | 09800HB4796ham001 | - 2 - | LRB098 14153 HEP 57209 a |
|
| 1 | | board of directors may be elected at the annual meeting. | 2 | | (3) Special meetings of the board may be called by the | 3 | | president, by 25% of the members of the board, or by any | 4 | | other method that is prescribed in the community | 5 | | instruments. Special meetings of the membership may be | 6 | | called by the president, the board, 20% of the membership, | 7 | | or any other method that is prescribed in the community | 8 | | instruments. | 9 | | (4) Except to the extent otherwise provided by this | 10 | | Act, the board shall give the members notice of all board | 11 | | meetings at least 48 hours prior to the meeting by sending | 12 | | notice by using a prescribed delivery method or by posting | 13 | | copies of notices of meetings in entranceways, elevators, | 14 | | or other conspicuous places in the common areas of the | 15 | | common interest community at least 48 hours prior to the | 16 | | meeting except where there is no common entranceway for 7 | 17 | | or more units, the board may designate one or more | 18 | | locations in the proximity of these units where the notices | 19 | | of meetings shall be posted. The board shall give members | 20 | | notice of any board meeting, through a prescribed delivery | 21 | | method, concerning the adoption of (i) the proposed annual | 22 | | budget, (ii) regular assessments, or (iii) a separate or | 23 | | special assessment within 10 to 60 days prior to the | 24 | | meeting, unless otherwise provided in Section 1-45 (a) or | 25 | | any other provision of this Act. | 26 | | (5) Meetings of the board shall be open to any unit |
| | | 09800HB4796ham001 | - 3 - | LRB098 14153 HEP 57209 a |
|
| 1 | | owner, except for the portion of any meeting held (i) to | 2 | | discuss litigation when an action against or on behalf of | 3 | | the particular association has been filed and is pending in | 4 | | a court or administrative tribunal, or when the common | 5 | | interest community association finds that such an action is | 6 | | probable or imminent, (ii) to consider third party | 7 | | contracts or information regarding appointment, | 8 | | employment, or dismissal of an employee, or (iii) to | 9 | | discuss violations of rules and regulations of the | 10 | | association or a member's or unit owner's unpaid share of | 11 | | common expenses. Any matter discussed in the portion of the | 12 | | board meeting closed to members of the association shall be | 13 | | generally noted in the minutes of the immediately following | 14 | | meeting that is open to any member. Any vote on these | 15 | | matters shall be taken at a meeting or portion thereof open | 16 | | to any member. | 17 | | (6) The board must reserve a portion of the meeting of | 18 | | the board for comments by members; provided, however, the | 19 | | duration and meeting order for the member comment period is | 20 | | within the sole discretion of the board. | 21 | | (7) Minutes of: | 22 | | (i) meetings of the board of directors or managers | 23 | | other than the portion of the board meeting closed to | 24 | | members of the association; | 25 | | (ii) meetings of the membership; or | 26 | | (iii) meetings of committees with decision making |
| | | 09800HB4796ham001 | - 4 - | LRB098 14153 HEP 57209 a |
|
| 1 | | authority; | 2 | | must be made available to members within 30 calendar | 3 | | days of the meeting unless a subsequent meeting is held | 4 | | less than 30 calendar days after the meeting, in which case | 5 | | the minutes shall be made available to the members no less | 6 | | than one calendar day before the following meeting. As used | 7 | | in this Section, "minutes" includes draft minutes proposed | 8 | | for adoption and marked to indicate draft status until such | 9 | | time as they are adopted.
| 10 | | (Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; | 11 | | 97-1090, eff. 8-24-12.) | 12 | | (765 ILCS 160/1-75)
| 13 | | Sec. 1-75. Exemptions for small common interest | 14 | | communities. | 15 | | (a) A common interest community association organized | 16 | | under the General Not for Profit Corporation Act of 1986 and | 17 | | having either (i) 10 units or less or (ii) annual budgeted | 18 | | assessments of $100,000 or less shall be exempt from this Act | 19 | | unless the association affirmatively elects to be covered by | 20 | | this Act by a majority of its directors or members. | 21 | | (b) Common interest community associations which in their | 22 | | declaration, bylaws, or other governing documents provide that | 23 | | the association may not use the courts or an arbitration | 24 | | process to collect or enforce assessments, fines, or similar | 25 | | levies and common interest community associations (i) of 10 |
| | | 09800HB4796ham001 | - 5 - | LRB098 14153 HEP 57209 a |
|
| 1 | | units or less or (ii) having annual budgeted assessments of | 2 | | $50,000 or less shall be exempt from subsection (a) of Section | 3 | | 1-30, subsections (a) and (b) of Section 1-40, and Section 1-55 | 4 | | but shall be required to provide notice of meetings to members | 5 | | in a manner and at a time that will allow members to | 6 | | participate in those meetings.
| 7 | | (Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; | 8 | | 97-1090, eff. 8-24-12.)".
|
|