Bill Text: IL HB4177 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Common Interest Community Association Act. Provides that in cases in which each unit holder is entitled to only one vote, upon the written request of one or more unit owners, any vote to be taken must be by secret ballot.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4177 Detail]

Download: Illinois-2023-HB4177-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4177 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
765 ILCS 160/1-25
Amends the Common Interest Community Association Act. Provides that in cases in which each unit holder is entitled to only one vote, upon the written request of one or more unit owners, any vote to be taken must be by secret ballot.
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A BILL FOR
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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 1-25 as follows:
(765 ILCS 160/1-25)
Sec. 1-25. Board of managers, board of directors, duties,
elections, and voting.
(a) Elections shall be held in accordance with the
community instruments, provided that an election shall be held
no less frequently than once every 24 months, for the board of
managers or board of directors from among the membership of a
common interest community association.
(b) (Blank).
(c) The members of the board shall serve without
compensation, unless the community instruments indicate
otherwise.
(d) No member of the board or officer shall be elected for
a term of more than 4 years, but officers and board members may
succeed themselves.
(e) If there is a vacancy on the board, the remaining
members of the board may fill the vacancy by a two-thirds vote
of the remaining board members until the next annual meeting

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of the membership or until members holding 20% of the votes of
the association request a meeting of the members to fill the
vacancy for the balance of the term. A meeting of the members
shall be called for purposes of filling a vacancy on the board
no later than 30 days following the filing of a petition signed
by membership holding 20% of the votes of the association
requesting such a meeting.
(f) There shall be an election of a:
(1) president from among the members of the board, who
shall preside over the meetings of the board and of the
membership;
(2) secretary from among the members of the board, who
shall keep the minutes of all meetings of the board and of
the membership and who shall, in general, perform all the
duties incident to the office of secretary; and
(3) treasurer from among the members of the board, who
shall keep the financial records and books of account.
(g) If no election is held to elect board members within
the time period specified in the bylaws, or within a
reasonable amount of time thereafter not to exceed 90 days,
then 20% of the members may bring an action to compel
compliance with the election requirements specified in the
bylaws or operating agreement. If the court finds that an
election was not held to elect members of the board within the
required period due to the bad faith acts or omissions of the
board of managers or the board of directors, the members shall

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be entitled to recover their reasonable attorney's fees and
costs from the association. If the relevant notice
requirements have been met and an election is not held solely
due to a lack of a quorum, then this subsection (g) does not
apply.
(h) Where there is more than one owner of a unit and there
is only one member vote associated with that unit, if only one
of the multiple owners is present at a meeting of the
membership, he or she is entitled to cast the member vote
associated with that unit.
(h-5) A member may vote:
(1) by proxy executed in writing by the member or by
his or her duly authorized attorney in fact, provided,
however, that the proxy bears the date of execution.
Unless the community instruments or the written proxy
itself provide otherwise, proxies will not be valid for
more than 11 months after the date of its execution; or
(2) by submitting an association-issued ballot in
person at the election meeting; or
(3) by submitting an association-issued ballot to the
association or its designated agent by mail or other means
of delivery specified in the declaration or bylaws; or
(4) by any electronic or acceptable technological
means.
Votes cast under any paragraph of this subsection (h-5)
are valid for the purpose of establishing a quorum.

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(h-10) In cases in which each unit holder is entitled to
only one vote, upon the written request of one or more unit
owners, any vote to be taken must be by secret ballot.
(i) The association may, upon adoption of the appropriate
rules by the board, conduct elections by electronic or
acceptable technological means. Members may not vote by proxy
in board elections. Instructions regarding the use of
electronic means or acceptable technological means for voting
shall be distributed to all members not less than 10 and not
more than 30 days before the election meeting. The instruction
notice must include the names of all candidates who have given
the board or its authorized agent timely written notice of
their candidacy and must give the person voting through
electronic or acceptable technological means the opportunity
to cast votes for candidates whose names do not appear on the
ballot. The board rules shall provide and the instructions
provided to the member shall state that a member who submits a
vote using electronic or acceptable technological means may
request and cast a ballot in person at the election meeting,
and thereby void any vote previously submitted by that member.
(j) Upon proof of purchase, the purchaser of a unit from a
seller other than the developer pursuant to an installment
contract for purchase shall, during such times as he or she
resides in the unit, be counted toward a quorum for purposes of
election of members of the board at any meeting of the
membership called for purposes of electing members of the

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