State of Illinois
2023 and 2024


Introduced 2/7/2023, by Sen. Sue Rezin


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.

LRB103 29037 LNS 55423 b





SB1460LRB103 29037 LNS 55423 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 Illinois Highway Code is amended by
5changing 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
8district has authority to contract with the highway
9commissioner of any other road district or with the corporate
10authorities of any municipality or county to furnish or to
11obtain services and materials related to construction,
12maintenance, or repair of roads. The highway commissioner may
13contract with a common interest community association, as
14defined by the Common Interest Community Association Act, if
15such association makes up 75% of the population or greater of
16the township or road district in which the association is
17located, to furnish materials related to the maintenance or
18repair of roads.
19(Source: P.A. 81-22.)
20    Section 10. The Common Interest Community Association Act
21is amended by changing Section 1-30 as follows:



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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
5into a contract with a current board member, or with a
6corporation, limited liability company, or partnership in
7which a board member or a member of his or her immediate family
8has 25% or more interest, unless notice of intent to enter into
9the contract is given to members within 20 days after a
10decision is made to enter into the contract and the members are
11afforded an opportunity by filing a petition, signed by 20% of
12the membership, for an election to approve or disapprove the
13contract; such petition shall be filed within 20 days after
14such notice and such election shall be held within 30 days
15after filing the petition. For purposes of this subsection, a
16board member's immediate family means the board member's
17spouse, parents, siblings, and children.
18    (c) The bylaws or operating agreement shall provide for
19the maintenance, repair, and replacement of the common areas
20and payments therefor, including the method of approving
21payment vouchers.
22    (d) (Blank).
23    (e) The association may engage the services of a manager
24or management company.
25    (f) The association shall have one class of membership
26unless the declaration, bylaws, or operating agreement provide



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1otherwise; however, this subsection (f) shall not be construed
2to limit the operation of subsection (c) of Section 1-20 of
3this Act.
4    (g) The board shall have the power, after notice and an
5opportunity to be heard, to levy and collect reasonable fines
6from members or unit owners for violations of the declaration,
7bylaws, operating agreement, and rules and regulations of the
8common interest community association.
9    (h) Other than attorney's fees and court or arbitration
10costs, no fees pertaining to the collection of a member's or
11unit owner's financial obligation to the association,
12including fees charged by a manager or managing agent, shall
13be added to and deemed a part of a member's or unit owner's
14respective share of the common expenses unless: (i) the
15managing agent fees relate to the costs to collect common
16expenses for the association; (ii) the fees are set forth in a
17contract between the managing agent and the association; and
18(iii) the authority to add the management fees to a member's or
19unit owner's respective share of the common expenses is
20specifically stated in the declaration, bylaws, or operating
21agreement 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



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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,



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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



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1    the board of directors.
2    (j) The board shall have standing and capacity to act in a
3representative capacity in relation to matters involving the
4common areas or more than one unit, on behalf of the members or
5unit owners as their interests may appear.
6    (k) The board may contract with the highway commissioner
7of a road district in which the association is located, if the
8association comprises 75% of the population or greater of the
9township or road district, to furnish materials related to the
10maintenance or repair of roads. Any such purchases shall be
11included in the board's finance report as outlined in Section
13(Source: P.A. 102-921, eff. 5-27-22.)