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| Public Act 103-0486
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| SB1460 Enrolled | LRB103 29037 LNS 55423 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Highway Code is amended by |
changing Section 6-201.10-1 as follows:
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(605 ILCS 5/6-201.10-1) (from Ch. 121, par. 6-201.10-1)
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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.
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(Source: P.A. 81-22.)
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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)
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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.
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(Source: P.A. 102-921, eff. 5-27-22.)
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