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| Public Act 103-0486 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Highway Code is amended by | ||||
changing Section 6-201.10-1 as follows:
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(605 ILCS 5/6-201.10-1) (from Ch. 121, par. 6-201.10-1)
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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.
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(Source: P.A. 81-22.)
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Section 10. The Common Interest Community Association Act | ||||
is amended by changing Section 1-30 as follows: | ||||
(765 ILCS 160/1-30)
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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.
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(Source: P.A. 102-921, eff. 5-27-22.)
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