Bill Text: IL HB2374 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Common Interest Community Association Act. In a Section concerning board duties and obligations, provides that a board member's immediate family includes the board member's siblings. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-08-09 - Public Act . . . . . . . . . 98-0241 [HB2374 Detail]

Download: Illinois-2013-HB2374-Engrossed.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Common Interest Community Association Act is
amended by changing Section 1-30 as follows:
(765 ILCS 160/1-30)
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, siblings, and children.
(c) The bylaws shall provide for the maintenance, repair,

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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

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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,

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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

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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.
(Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11;
97-1090, eff. 8-24-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.