Sen. Sue Rezin

Filed: 3/10/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1460 by replacing
3everything after the enacting clause with the following:
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 50% of the population or greater of
16the township or road district in which the association is



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1located, to furnish materials related to the maintenance or
2repair of roads.
3(Source: P.A. 81-22.)
4    Section 10. 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
24the maintenance, repair, and replacement of the common areas



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1and payments therefor, including the method of approving
2payment vouchers.
3    (d) (Blank).
4    (e) The association may engage the services of a manager
5or management company.
6    (f) The association shall have one class of membership
7unless the declaration, bylaws, or operating agreement provide
8otherwise; however, this subsection (f) shall not be construed
9to limit the operation of subsection (c) of Section 1-20 of
10this Act.
11    (g) The board shall have the power, after notice and an
12opportunity to be heard, to levy and collect reasonable fines
13from members or unit owners for violations of the declaration,
14bylaws, operating agreement, and rules and regulations of the
15common interest community association.
16    (h) Other than attorney's fees and court or arbitration
17costs, no fees pertaining to the collection of a member's or
18unit owner's financial obligation to the association,
19including fees charged by a manager or managing agent, shall
20be added to and deemed a part of a member's or unit owner's
21respective share of the common expenses unless: (i) the
22managing agent fees relate to the costs to collect common
23expenses for the association; (ii) the fees are set forth in a
24contract between the managing agent and the association; and
25(iii) the authority to add the management fees to a member's or
26unit owner's respective share of the common expenses is



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1specifically stated in the declaration, bylaws, or operating
2agreement of the association.
3    (i) Board records.
4        (1) The board shall maintain the following records of
5    the association and make them available for examination
6    and copying at convenient hours of weekdays by any member
7    or unit owner in a common interest community subject to
8    the authority of the board, their mortgagees, and their
9    duly authorized agents or attorneys:
10            (i) Copies of the recorded declaration, other
11        community instruments, other duly recorded covenants
12        and bylaws and any amendments, articles of
13        incorporation, articles of organization, annual
14        reports, and any rules and regulations adopted by the
15        board shall be available. Prior to the organization of
16        the board, the developer shall maintain and make
17        available the records set forth in this paragraph (i)
18        for examination and copying.
19            (ii) Detailed and accurate records in
20        chronological order of the receipts and expenditures
21        affecting the common areas, specifying and itemizing
22        the maintenance and repair expenses of the common
23        areas and any other expenses incurred, and copies of
24        all contracts, leases, or other agreements entered
25        into by the board shall be maintained.
26            (iii) The minutes of all meetings of the board



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1        which shall be maintained for not less than 7 years.
2            (iv) With a written statement of a proper purpose,
3        ballots and proxies related thereto, if any, for any
4        election held for the board and for any other matters
5        voted on by the members, which shall be maintained for
6        not less than one year.
7            (v) With a written statement of a proper purpose,
8        such other records of the board as are available for
9        inspection by members of a not-for-profit corporation
10        pursuant to Section 107.75 of the General Not For
11        Profit Corporation Act of 1986 shall be maintained.
12            (vi) With respect to units owned by a land trust, a
13        living trust, or other legal entity, the trustee,
14        officer, or manager of the entity may designate, in
15        writing, a person to cast votes on behalf of the member
16        or unit owner and a designation shall remain in effect
17        until a subsequent document is filed with the
18        association.
19            (vii) Any reserve study.
20        (2) Where a request for records under this subsection
21    is made in writing to the board or its agent, failure to
22    provide the requested record or to respond within 30 days
23    shall be deemed a denial by the board.
24        (3) A reasonable fee may be charged by the board for
25    the cost of retrieving and copying records properly
26    requested.



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1        (4) If the board fails to provide records properly
2    requested under paragraph (1) of this subsection (i)
3    within the time period provided in that paragraph (1), the
4    member may seek appropriate relief and shall be entitled
5    to an award of reasonable attorney's fees and costs if the
6    member prevails and the court finds that such failure is
7    due to the acts or omissions of the board of managers or
8    the board of directors.
9    (j) The board shall have standing and capacity to act in a
10representative capacity in relation to matters involving the
11common areas or more than one unit, on behalf of the members or
12unit owners as their interests may appear.
13    (k) The board may contract with the highway commissioner
14of a road district in which the association is located, if the
15association comprises 50% of the population or greater of the
16township or road district, to furnish materials related to the
17maintenance or repair of roads. Any such purchases shall be
18included in the board's finance report as outlined in Section
20(Source: P.A. 102-921, eff. 5-27-22.)".