Public Act 103-0486
 
SB1460 EnrolledLRB103 29037 LNS 55423 b


  
    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:
 
    (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 
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 
    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, 
        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 
    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.)