Bill Text: IL SB1460 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Allows the common interest community association board of managers or board of directors to contract with the highway commissioner of a road district in which the association is located, if the association comprises 50% (rather than 75%) of the population or greater of the township or road district, to furnish materials related to the maintenance or repair of roads.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0486 [SB1460 Detail]

Download: Illinois-2023-SB1460-Enrolled.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 Illinois Highway Code is amended by
changing Section 6-201.10-1 as follows:
(605 ILCS 5/6-201.10-1) (from Ch. 121, par. 6-201.10-1)
Sec. 6-201.10-1. The highway commissioner of each road
district has authority to contract with the highway
commissioner of any other road district or with the corporate
authorities of any municipality or county to furnish or to
obtain services and materials related to construction,
maintenance, or repair of roads. The highway commissioner may
contract with a common interest community association, as
defined by the Common Interest Community Association Act, if
such association makes up 50% of the population or greater of
the township or road district in which the association is
located, to furnish materials related to the maintenance or
repair of roads.
(Source: P.A. 81-22.)
Section 10. The Common Interest Community Association Act
is amended by changing Section 1-30 as follows:

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(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 common interest community association may not enter
into a contract with a current board member, or with a
corporation, limited liability company, 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 or operating agreement 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, bylaws, or operating agreement provide

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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, operating agreement, 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, bylaws, or operating
agreement 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

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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, articles of organization, 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,

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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.
(vii) Any reserve study.
(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

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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.
(k) The board may contract with the highway commissioner
of a road district in which the association is located, if the
association comprises 50% of the population or greater of the
township or road district, to furnish materials related to the
maintenance or repair of roads. Any such purchases shall be
included in the board's finance report as outlined in Section
1-45.
(Source: P.A. 102-921, eff. 5-27-22.)