HB5325 94TH GENERAL ASSEMBLY

LRB094 17819 LCT 53120 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5325

Introduced 01/26/06, by Rep. Tom Cross

SYNOPSIS AS INTRODUCED:

New Act

Creates the Homeowners' Association Act. Requires any contract that is not to be fully performed within one year for the purchase, lease, or renting of materials or equipment to be used by the association in accomplishing its purposes, and all contracts for the provision of services, to be in writing. Sets out competitive bid requirements. Creates the Homeowners' Association Board. Grants members of an association the right to attend all meeting of the Board and to speak on any matter placed on the agenda by petition. Requires a 14-day advance notice to be given to members and parcel owners for meetings at which special assessments will be considered or at which amendments to rules regarding parcel use will be considered. Provides that an association of 15 or fewer owners may enforce only the requirements of those deed restrictions established prior to the purchase of each parcel upon an affected parcel owner or owners.

A BILL FOR

AN ACT concerning property.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Homeowners' Association Act.

Section 5. Association contracts. Any contract that is not to be fully performed within one year after the making thereof for the purchase, lease, or renting of materials or equipment to be used by the association in accomplishing its purposes, and all contracts for the provision of services, shall be in writing. If a contract for the purchase, lease, or renting of materials or equipment, or for the provision of services, requires payment by the association that exceeds 10% of the total annual budget of the association, including reserves, the association must obtain competitive bids for the materials, equipment, or services. Nothing contained in this Section shall be construed to require the association to accept the lowest bid.

Section 10. Homeowners' Association Board. The homeowners association shall establish a Homeowners' Association Board. The Board shall establish rules concerning meeting times, frequency of the meetings, decorum of the meetings, notice requirements, and any other subject that the Board shall deem appropriate.

Section 15. Board meetings.

(a) Members have the right to attend all meetings of the Board and to speak on any matter placed on the agenda by petition of the voting interests for at least 3 minutes. The Board may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this subsection (a) and may include a sign-up sheet for members wishing to speak. Notwithstanding any other law, the requirement that Board meetings and committee meetings be open to the members is inapplicable to meetings between the Board or a committee and the association's attorney, with respect to meetings of the Board held for the purpose of discussing personnel matters.

(b) An assessment may not be levied at a Board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the assessments. Written notice of any meeting at which special assessments will be considered or at which amendments to rules regarding parcel use will be considered must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting.

Section 20. Petitioning the Board.

(a) If 20% of the total voting interests petition the Board to address an item of business, the Board shall at its next regular Board meeting or at a special meeting of the Board, but not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda.

(b) The Board shall give all members written notice of the meeting at which the petitioned item shall be addressed. Written notice of the meeting must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting.

(c) Each member shall have the right to speak for at least 3 minutes on each matter placed on the agenda by petition, provided that the member signs the sign-up sheet, if one is provided, or submits a written request to speak prior to the meeting. Other than addressing the petitioned item at the meeting, the Board is not obligated to take any other action requested by the petition.

Section 25. Meetings; right to speak. Members and parcel owners have the right to attend all membership meetings and to speak at any meeting with reference to all items opened for discussion or included on the agenda. Notwithstanding any provision to the contrary in the governing documents or any rules adopted by the Board or by the membership, a member and a parcel owner have the right to speak for at least 3 minutes on any item, provided that the member or parcel owner submits a written request to speak prior to the meeting. The association may adopt written reasonable rules governing the frequency, duration, and other manner of member and parcel owner statements, which rules must be consistent with this Section.

Section 30. Small communities. An association of 15 or fewer parcel owners may enforce only the requirements of those deed restrictions established prior to the purchase of each parcel upon an affected parcel owner or owners.

Section 35. Member rights.

(a) Any homeowner may display one portable, removable United States flag or official flag of the State of Illinois in a respectful manner, and on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day may display in a respectful manner portable, removable official flags, not larger than 41/2 feet by 6 feet, which represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, regardless of any declaration rules or requirements dealing with flags or decorations.

(b) Any parcel owner may construct an access ramp if a resident or occupant of the parcel has a medical necessity or disability that requires a ramp for egress and ingress under the following conditions:

(1) The ramp must be as unobtrusive as possible, be designed to blend in aesthetically as practicable, and be reasonably sized to fit the intended use.

(2) Plans for the ramp must be submitted in advance to the homeowners' association. The association may make reasonable requests to modify the design to achieve architectural consistency with surrounding structures and surfaces.

The parcel owner must submit to the association an affidavit from a physician attesting to the medical necessity or disability of the resident or occupant of the parcel requiring the access ramp.

(c) Any owner prevented from exercising rights guaranteed by subsection (a) or subsection (b) may bring an action in the appropriate court of the county in which the alleged infringement occurred, and, upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any homeowners' association document or rule that operates to deprive the owner of such rights.