Illinois General Assembly - Full Text of HB2924
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Full Text of HB2924  102nd General Assembly

HB2924 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2924

 

Introduced 2/19/2021, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 160/1-30

    Amends the Common Interest Community Association Act. Provides that if the board of managers provides proper notice and an opportunity to be heard for 4 consecutive quarters, or for 4 consecutive meetings if the board regularly meets monthly, to a unit owner for a violation of the declaration, bylaws, operating agreement, or rules and regulations of the common interest community association, and the unit owner has still fails to remedy the violation, the board may make its own arrangements for the violation to be remedied and add the cost of the remedy to the fines charged to the unit owner for the violation.


LRB102 16844 LNS 22250 b

 

 

A BILL FOR

 

HB2924LRB102 16844 LNS 22250 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Common Interest Community Association Act
5is amended by changing Section 1-30 as follows:
 
6    (765 ILCS 160/1-30)
7    Sec. 1-30. Board duties and obligations; records.
8    (a) The board shall meet at least 4 times annually.
9    (b) A common interest community association may not enter
10into a contract with a current board member, or with a
11corporation, limited liability company, or partnership in
12which a board member or a member of his or her immediate family
13has 25% or more interest, unless notice of intent to enter into
14the contract is given to members within 20 days after a
15decision is made to enter into the contract and the members are
16afforded an opportunity by filing a petition, signed by 20% of
17the membership, for an election to approve or disapprove the
18contract; such petition shall be filed within 20 days after
19such notice and such election shall be held within 30 days
20after filing the petition. For purposes of this subsection, a
21board member's immediate family means the board member's
22spouse, parents, siblings, and children.
23    (c) The bylaws or operating agreement shall provide for

 

 

HB2924- 2 -LRB102 16844 LNS 22250 b

1the maintenance, repair, and replacement of the common areas
2and payments therefor, including the method of approving
3payment vouchers.
4    (d) (Blank).
5    (e) The association may engage the services of a manager
6or management company.
7    (f) The association shall have one class of membership
8unless the declaration, bylaws, or operating agreement provide
9otherwise; however, this subsection (f) shall not be construed
10to limit the operation of subsection (c) of Section 1-20 of
11this Act.
12    (g) The board shall have the power, after notice and an
13opportunity to be heard, to levy and collect reasonable fines
14from members or unit owners for violations of the declaration,
15bylaws, operating agreement, and rules and regulations of the
16common interest community association. If the board has
17provided proper notice and an opportunity to be heard for 4
18consecutive quarters, or for 4 consecutive meetings if the
19board regularly meets monthly, and the unit owner still has
20failed to remedy the violation, the board may make its own
21arrangements for the violation to be remedied and add the cost
22of the remedy to the fines.
23    (h) Other than attorney's fees and court or arbitration
24costs, no fees pertaining to the collection of a member's or
25unit owner's financial obligation to the association,
26including fees charged by a manager or managing agent, shall

 

 

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1be added to and deemed a part of a member's or unit owner's
2respective share of the common expenses unless: (i) the
3managing agent fees relate to the costs to collect common
4expenses for the association; (ii) the fees are set forth in a
5contract between the managing agent and the association; and
6(iii) the authority to add the management fees to a member's or
7unit owner's respective share of the common expenses is
8specifically stated in the declaration, bylaws, or operating
9agreement of the association.
10    (i) Board records.
11        (1) The board shall maintain the following records of
12    the association and make them available for examination
13    and copying at convenient hours of weekdays by any member
14    or unit owner in a common interest community subject to
15    the authority of the board, their mortgagees, and their
16    duly authorized agents or attorneys:
17            (i) Copies of the recorded declaration, other
18        community instruments, other duly recorded covenants
19        and bylaws and any amendments, articles of
20        incorporation, articles of organization, annual
21        reports, and any rules and regulations adopted by the
22        board shall be available. Prior to the organization of
23        the board, the developer shall maintain and make
24        available the records set forth in this paragraph (i)
25        for examination and copying.
26            (ii) Detailed and accurate records in

 

 

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1        chronological order of the receipts and expenditures
2        affecting the common areas, specifying and itemizing
3        the maintenance and repair expenses of the common
4        areas and any other expenses incurred, and copies of
5        all contracts, leases, or other agreements entered
6        into by the board shall be maintained.
7            (iii) The minutes of all meetings of the board
8        which shall be maintained for not less than 7 years.
9            (iv) With a written statement of a proper purpose,
10        ballots and proxies related thereto, if any, for any
11        election held for the board and for any other matters
12        voted on by the members, which shall be maintained for
13        not less than one year.
14            (v) With a written statement of a proper purpose,
15        such other records of the board as are available for
16        inspection by members of a not-for-profit corporation
17        pursuant to Section 107.75 of the General Not For
18        Profit Corporation Act of 1986 shall be maintained.
19            (vi) With respect to units owned by a land trust, a
20        living trust, or other legal entity, the trustee,
21        officer, or manager of the entity may designate, in
22        writing, a person to cast votes on behalf of the member
23        or unit owner and a designation shall remain in effect
24        until a subsequent document is filed with the
25        association.
26        (2) Where a request for records under this subsection

 

 

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1    is made in writing to the board or its agent, failure to
2    provide the requested record or to respond within 30 days
3    shall be deemed a denial by the board.
4        (3) A reasonable fee may be charged by the board for
5    the cost of retrieving and copying records properly
6    requested.
7        (4) If the board fails to provide records properly
8    requested under paragraph (1) of this subsection (i)
9    within the time period provided in that paragraph (1), the
10    member may seek appropriate relief and shall be entitled
11    to an award of reasonable attorney's fees and costs if the
12    member prevails and the court finds that such failure is
13    due to the acts or omissions of the board of managers or
14    the board of directors.
15    (j) The board shall have standing and capacity to act in a
16representative capacity in relation to matters involving the
17common areas or more than one unit, on behalf of the members or
18unit owners as their interests may appear.
19(Source: P.A. 98-232, eff. 1-1-14; 98-241, eff. 8-9-13;
2098-756, eff. 7-16-14; 99-41, eff. 7-14-15.)