|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1460 Introduced 2/7/2023, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
|
|
605 ILCS 5/6-201.10-1 | from Ch. 121, par. 6-201.10-1 |
765 ILCS 160/1-30 | |
|
Amends the Common Interest Community Association Act. 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 75% of the population or greater of the township or road district, to furnish materials related to the maintenance or repair of roads. Provides that any such purchases shall be included in the board's finance report. Makes a conforming change in the Illinois Highway Code.
| |
| | |
| | A BILL FOR |
|
|
| | SB1460 | | LRB103 29037 LNS 55423 b |
|
|
| 1 | | AN ACT concerning civil law.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Illinois Highway Code is amended by |
| 5 | | changing Section 6-201.10-1 as follows:
|
| 6 | | (605 ILCS 5/6-201.10-1) (from Ch. 121, par. 6-201.10-1)
|
| 7 | | Sec. 6-201.10-1. The highway commissioner of each road |
| 8 | | district has authority
to contract with the highway |
| 9 | | commissioner of any other road district or
with the corporate |
| 10 | | authorities of any municipality or county to furnish
or to |
| 11 | | obtain services and materials related to construction, |
| 12 | | maintenance,
or repair of roads. The highway commissioner may |
| 13 | | contract with a common interest community association, as |
| 14 | | defined by the Common Interest Community Association Act, if |
| 15 | | such association makes up 75% of the population or greater of |
| 16 | | the township or road district in which the association is |
| 17 | | located, to furnish materials related to the maintenance or |
| 18 | | repair of roads.
|
| 19 | | (Source: P.A. 81-22.)
|
| 20 | | Section 10. The Common Interest Community Association Act |
| 21 | | is amended by changing Section 1-30 as follows:
|
|
| | SB1460 | - 2 - | LRB103 29037 LNS 55423 b |
|
|
|
| 1 | | (765 ILCS 160/1-30)
|
| 2 | | Sec. 1-30. Board duties and obligations; records. |
| 3 | | (a) The board shall meet at least 4 times annually. |
| 4 | | (b) A common interest community association may not enter |
| 5 | | into a contract with a current board member, or with a |
| 6 | | corporation, limited liability company, or partnership in |
| 7 | | which a board member or a member of his or her immediate family |
| 8 | | has 25% or more interest, unless notice of intent to enter into |
| 9 | | the contract is given to members within 20 days after a |
| 10 | | decision is made to enter into the contract and the members are |
| 11 | | afforded an opportunity by filing a petition, signed by 20% of |
| 12 | | the membership, for an election to approve or disapprove the |
| 13 | | contract; such petition shall be filed within 20 days after |
| 14 | | such notice and such election shall be held within 30 days |
| 15 | | after filing the petition. For purposes of this subsection, a |
| 16 | | board member's immediate family means the board member's |
| 17 | | spouse, parents, siblings, and children. |
| 18 | | (c) The bylaws or operating agreement shall provide for |
| 19 | | the maintenance, repair, and replacement of the common areas |
| 20 | | and payments therefor, including the method of approving |
| 21 | | payment vouchers. |
| 22 | | (d) (Blank). |
| 23 | | (e) The association may engage the services of a manager |
| 24 | | or management company. |
| 25 | | (f) The association shall have one class of membership |
| 26 | | unless the declaration, bylaws, or operating agreement provide |
|
| | SB1460 | - 3 - | LRB103 29037 LNS 55423 b |
|
|
|
| 1 | | otherwise; however, this subsection (f) shall not be construed |
| 2 | | to limit the operation of subsection (c) of Section 1-20 of |
| 3 | | this Act. |
| 4 | | (g) The board shall have the power, after notice and an |
| 5 | | opportunity to be heard, to levy and collect reasonable fines |
| 6 | | from members or unit owners for violations of the declaration, |
| 7 | | bylaws, operating agreement, and rules and regulations of the |
| 8 | | common interest community association. |
| 9 | | (h) Other than attorney's fees and court or arbitration |
| 10 | | costs, no fees pertaining to the collection of a member's or |
| 11 | | unit owner's financial obligation to the association, |
| 12 | | including fees charged by a manager or managing agent, shall |
| 13 | | be added to and deemed a part of a member's or unit owner's |
| 14 | | respective share of the common expenses unless: (i) the |
| 15 | | managing agent fees relate to the costs to collect common |
| 16 | | expenses for the association; (ii) the fees are set forth in a |
| 17 | | contract between the managing agent and the association; and |
| 18 | | (iii) the authority to add the management fees to a member's or |
| 19 | | unit owner's respective share of the common expenses is |
| 20 | | specifically stated in the declaration, bylaws, or operating |
| 21 | | agreement of the association. |
| 22 | | (i) Board records. |
| 23 | | (1) The board shall maintain the following records of |
| 24 | | the association and make them available for examination |
| 25 | | and copying at convenient hours of weekdays by any member |
| 26 | | or unit owner in a common interest community subject to |
|
| | SB1460 | - 4 - | LRB103 29037 LNS 55423 b |
|
|
|
| 1 | | the authority of the board, their mortgagees, and their |
| 2 | | duly authorized agents or attorneys: |
| 3 | | (i) Copies of the recorded declaration, other |
| 4 | | community instruments, other duly recorded covenants |
| 5 | | and bylaws and any amendments, articles of |
| 6 | | incorporation, articles of organization, annual |
| 7 | | reports, and any rules and regulations adopted by the |
| 8 | | board shall be available. Prior to the organization of |
| 9 | | the board, the developer shall maintain and make |
| 10 | | available the records set forth in this paragraph (i) |
| 11 | | for examination and copying. |
| 12 | | (ii) Detailed and accurate records in |
| 13 | | chronological order of the receipts and expenditures |
| 14 | | affecting the common areas, specifying and itemizing |
| 15 | | the maintenance and repair expenses of the common |
| 16 | | areas and any other expenses incurred, and copies of |
| 17 | | all contracts, leases, or other agreements entered |
| 18 | | into by the board shall be maintained. |
| 19 | | (iii) The minutes of all meetings of the board |
| 20 | | which shall be maintained for not less than 7 years. |
| 21 | | (iv) With a written statement of a proper purpose, |
| 22 | | ballots and proxies related thereto, if any, for any |
| 23 | | election held for the board and for any other matters |
| 24 | | voted on by the members, which shall be maintained for |
| 25 | | not less than one year. |
| 26 | | (v) With a written statement of a proper purpose, |
|
| | SB1460 | - 5 - | LRB103 29037 LNS 55423 b |
|
|
|
| 1 | | such other records of the board as are available for |
| 2 | | inspection by members of a not-for-profit corporation |
| 3 | | pursuant to Section 107.75 of the General Not For |
| 4 | | Profit Corporation Act of 1986 shall be maintained. |
| 5 | | (vi) With respect to units owned by a land trust, a |
| 6 | | living trust, or other legal entity, the trustee, |
| 7 | | officer, or manager of the entity may designate, in |
| 8 | | writing, a person to cast votes on behalf of the member |
| 9 | | or unit owner and a designation shall remain in effect |
| 10 | | until a subsequent document is filed with the |
| 11 | | association. |
| 12 | | (vii) Any reserve study. |
| 13 | | (2) Where a request for records under this subsection |
| 14 | | is made in writing to the board or its agent, failure to |
| 15 | | provide the requested record or to respond within 30 days |
| 16 | | shall be deemed a denial by the board. |
| 17 | | (3) A reasonable fee may be charged by the board for |
| 18 | | the cost of retrieving and copying records properly |
| 19 | | requested. |
| 20 | | (4) If the board fails to provide records properly |
| 21 | | requested under paragraph (1) of this subsection (i) |
| 22 | | within the time period provided in that paragraph (1), the |
| 23 | | member may seek appropriate relief and shall be entitled |
| 24 | | to an award of reasonable attorney's fees and costs if the |
| 25 | | member prevails and the court finds that such failure is |
| 26 | | due to the acts or omissions of the board of managers or |
|
| | SB1460 | - 6 - | LRB103 29037 LNS 55423 b |
|
|
|
| 1 | | the board of directors. |
| 2 | | (j) The board shall have standing and capacity to act in a |
| 3 | | representative capacity in relation to matters involving the |
| 4 | | common areas or more than one unit, on behalf of the members or |
| 5 | | unit owners as their interests may appear. |
| 6 | | (k) The board may contract with the highway commissioner |
| 7 | | of a road district in which the association is located, if the |
| 8 | | association comprises 75% of the population or greater of the |
| 9 | | township or road district, to furnish materials related to the |
| 10 | | maintenance or repair of roads. Any such purchases shall be |
| 11 | | included in the board's finance report as outlined in Section |
| 12 | | 1-45.
|
| 13 | | (Source: P.A. 102-921, eff. 5-27-22.)
|