Bill Text: IL HB4796 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Uniform Disposition of Unclaimed Property Act. Makes a technical change in a Section concerning definitions.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4796 Detail]

Download: Illinois-2013-HB4796-Amended.html

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Rep. Patricia R. Bellock

Filed: 3/26/2014

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AMENDMENT TO HOUSE BILL 4796
AMENDMENT NO. ______. Amend House Bill 4796 by replacing
everything after the enacting clause with the following:
"Section 5. The Common Interest Community Association Act
is amended by changing Section 1-40 and 1-75 as follows:
(765 ILCS 160/1-40)
Sec. 1-40. Meetings.
(a) Notice of any membership meeting shall be given
detailing the time, place, and purpose of such meeting no less
than 10 and no more than 30 days prior to the meeting through a
prescribed delivery method.
(b) Meetings.
(1) Twenty percent of the membership shall constitute a
quorum, unless the community instruments indicate a lesser
amount.
(2) The membership shall hold an annual meeting. The

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board of directors may be elected at the annual meeting.
(3) Special meetings of the board may be called by the
president, by 25% of the members of the board, or by any
other method that is prescribed in the community
instruments. Special meetings of the membership may be
called by the president, the board, 20% of the membership,
or any other method that is prescribed in the community
instruments.
(4) Except to the extent otherwise provided by this
Act, the board shall give the members notice of all board
meetings at least 48 hours prior to the meeting by sending
notice by using a prescribed delivery method or by posting
copies of notices of meetings in entranceways, elevators,
or other conspicuous places in the common areas of the
common interest community at least 48 hours prior to the
meeting except where there is no common entranceway for 7
or more units, the board may designate one or more
locations in the proximity of these units where the notices
of meetings shall be posted. The board shall give members
notice of any board meeting, through a prescribed delivery
method, concerning the adoption of (i) the proposed annual
budget, (ii) regular assessments, or (iii) a separate or
special assessment within 10 to 60 days prior to the
meeting, unless otherwise provided in Section 1-45 (a) or
any other provision of this Act.
(5) Meetings of the board shall be open to any unit

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owner, except for the portion of any meeting held (i) to
discuss litigation when an action against or on behalf of
the particular association has been filed and is pending in
a court or administrative tribunal, or when the common
interest community association finds that such an action is
probable or imminent, (ii) to consider third party
contracts or information regarding appointment,
employment, or dismissal of an employee, or (iii) to
discuss violations of rules and regulations of the
association or a member's or unit owner's unpaid share of
common expenses. Any matter discussed in the portion of the
board meeting closed to members of the association shall be
generally noted in the minutes of the immediately following
meeting that is open to any member. Any vote on these
matters shall be taken at a meeting or portion thereof open
to any member.
(6) The board must reserve a portion of the meeting of
the board for comments by members; provided, however, the
duration and meeting order for the member comment period is
within the sole discretion of the board.
(7) Minutes of:
(i) meetings of the board of directors or managers
other than the portion of the board meeting closed to
members of the association;
(ii) meetings of the membership; or
(iii) meetings of committees with decision making

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authority;
must be made available to members within 30 calendar
days of the meeting unless a subsequent meeting is held
less than 30 calendar days after the meeting, in which case
the minutes shall be made available to the members no less
than one calendar day before the following meeting. As used
in this Section, "minutes" includes draft minutes proposed
for adoption and marked to indicate draft status until such
time as they are adopted.
(Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11;
97-1090, eff. 8-24-12.)
(765 ILCS 160/1-75)
Sec. 1-75. Exemptions for small common interest
communities.
(a) A common interest community association organized
under the General Not for Profit Corporation Act of 1986 and
having either (i) 10 units or less or (ii) annual budgeted
assessments of $100,000 or less shall be exempt from this Act
unless the association affirmatively elects to be covered by
this Act by a majority of its directors or members.
(b) Common interest community associations which in their
declaration, bylaws, or other governing documents provide that
the association may not use the courts or an arbitration
process to collect or enforce assessments, fines, or similar
levies and common interest community associations (i) of 10

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units or less or (ii) having annual budgeted assessments of
$50,000 or less shall be exempt from subsection (a) of Section
1-30, subsections (a) and (b) of Section 1-40, and Section 1-55
but shall be required to provide notice of meetings to members
in a manner and at a time that will allow members to
participate in those meetings.
(Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11;
97-1090, eff. 8-24-12.)".