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| Public Act 098-0232 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Common Interest Community Association Act is | ||||
amended by changing Section 1-30 as follows: | ||||
(765 ILCS 160/1-30)
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Sec. 1-30. Board duties and obligations; records. | ||||
(a) The board shall meet at least 4 times annually. | ||||
(b) A member of the board of the common interest community | ||||
association may not enter into a contract with a current board | ||||
member, or with a corporation or partnership in which a board | ||||
member or a member of his or her immediate family has 25% or | ||||
more interest, unless notice of intent to enter into the | ||||
contract is given to members within 20 days after a decision is | ||||
made to enter into the contract and the members are afforded an | ||||
opportunity by filing a petition, signed by 20% of the | ||||
membership, for an election to approve or disapprove the | ||||
contract; such petition shall be filed within 20 days after | ||||
such notice and such election shall be held within 30 days | ||||
after filing the petition. For purposes of this subsection, a | ||||
board member's immediate family means the board member's | ||||
spouse, parents, and children. | ||||
(c) The bylaws shall provide for the maintenance, repair, | ||||
and replacement of the common areas and payments therefor, | ||
including the method of approving payment vouchers. | ||
(d) (Blank). | ||
(e) The association may engage the services of a manager or | ||
management company. | ||
(f) The association shall have one class of membership | ||
unless the declaration or bylaws provide otherwise; however, | ||
this subsection (f) shall not be construed to limit the | ||
operation of subsection (c) of Section 1-20 of this Act. | ||
(g) The board shall have the power, after notice and an | ||
opportunity to be heard, to levy and collect reasonable fines | ||
from members or unit owners for violations of the declaration, | ||
bylaws, and rules and regulations of the common interest | ||
community association. | ||
(h) Other than attorney's fees and court or arbitration | ||
costs, no fees pertaining to the collection of a member's or | ||
unit owner's financial obligation to the association, | ||
including fees charged by a manager or managing agent, shall be | ||
added to and deemed a part of a member's or unit owner's | ||
respective share of the common expenses unless: (i) the | ||
managing agent fees relate to the costs to collect common | ||
expenses for the association; (ii) the fees are set forth in a | ||
contract between the managing agent and the association; and | ||
(iii) the authority to add the management fees to a member's or | ||
unit owner's respective share of the common expenses is | ||
specifically stated in the declaration or bylaws of the | ||
association. | ||
(i) Board records. | ||
(1) The board shall maintain the following records of | ||
the association and make them available for examination and | ||
copying at convenient hours of weekdays by any member or | ||
unit owner in a common interest community subject to the | ||
authority of the board, their mortgagees, and their duly | ||
authorized agents or attorneys: | ||
(i) Copies of the recorded declaration, other | ||
community instruments, other duly recorded covenants | ||
and bylaws and any amendments, articles of | ||
incorporation, annual reports, and any rules and | ||
regulations adopted by the board shall be available. | ||
Prior to the organization of the board, the developer | ||
shall maintain and make available the records set forth | ||
in this paragraph (i) for examination and copying. | ||
(ii) Detailed and accurate records in | ||
chronological order of the receipts and expenditures | ||
affecting the common areas, specifying and itemizing | ||
the maintenance and repair expenses of the common areas | ||
and any other expenses incurred, and copies of all | ||
contracts, leases, or other agreements entered into by | ||
the board shall be maintained. | ||
(iii) The minutes of all meetings of the board | ||
which shall be maintained for not less than 7 years. | ||
(iv) With a written statement of a proper purpose, | ||
ballots and proxies related thereto, if any, for any | ||
election held for the board and for any other matters | ||
voted on by the members, which shall be maintained for | ||
not less than one year. | ||
(v) With a written statement of a proper purpose, | ||
such other records of the board as are available for | ||
inspection by members of a not-for-profit corporation | ||
pursuant to Section 107.75 of the General Not For | ||
Profit Corporation Act of 1986 shall be maintained. | ||
(vi) With respect to units owned by a land trust, a | ||
living trust, or other legal entity, the trustee, | ||
officer, or manager of the entity may designate, in | ||
writing, a person to cast votes on behalf of the member | ||
or unit owner and a designation shall remain in effect | ||
until a subsequent document is filed with the | ||
association. | ||
(2) Where a request for records under this subsection | ||
is made in writing to the board or its agent, failure to | ||
provide the requested record or to respond within 30 days | ||
shall be deemed a denial by the board. | ||
(3) A reasonable fee may be charged by the board for | ||
the cost of retrieving and copying records properly | ||
requested. | ||
(4) If the board fails to provide records properly | ||
requested under paragraph (1) of this subsection (i) within | ||
the time period provided in that paragraph (1), the member | ||
may seek appropriate relief and shall be entitled to an | ||
award of reasonable attorney's fees and costs if the member | ||
prevails and the court finds that such failure is due to | ||
the acts or omissions of the board of managers or the board | ||
of directors. | ||
(j) The board shall have standing and capacity to act in a | ||
representative capacity in relation to matters involving the | ||
common areas or more than one unit, on behalf of the members or | ||
unit owners as their interests may appear.
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(Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11; | ||
97-1090, eff. 8-24-12.)
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