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Illinois General Assembly· HB 5449Governor Approved

CONDO CI ASSN-DISCLSOURE INFO, the official text

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HB5449 Enrolled                     LRB104 18328 JRC 31768 b

1   AN ACT concerning civil law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Common Interest Community Association Act

5 is amended by changing Sections 1-30 and 1-45 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

10 into a contract with a current board member, or with a

11 corporation, limited liability company, or partnership in

12 which a board member or a member of his or her immediate family

13 has 25% or more interest, unless notice of intent to enter into

14 the contract is given to members within 20 days after a

15 decision is made to enter into the contract and the members are

16 afforded an opportunity by filing a petition, signed by 20% of

17 the membership, for an election to approve or disapprove the

18 contract; such petition shall be filed within 20 days after

19 such notice and such election shall be held within 30 days

20 after filing the petition. For purposes of this subsection, a

21 board member's immediate family means the board member's

22 spouse, parents, siblings, and children.

23  (c) The bylaws or operating agreement shall provide for
    HB5449 Enrolled       -2-              LRB104 18328 JRC 31768 b

1 the maintenance, repair, and replacement of the common areas

2 and payments therefor, including the method of approving

3 payment vouchers.

4   (d) (Blank).

5   (e) The association may engage the services of a manager

6 or management company.

7   (f) The association shall have one class of membership

8 unless the declaration, bylaws, or operating agreement provide

9 otherwise; however, this subsection (f) shall not be construed

10 to limit the operation of subsection (c) of Section 1-20 of

11 this Act.

12  (g) The board shall have the power, after notice and an

13 opportunity to be heard, to levy and collect reasonable fines

14 from members or unit owners for violations of the declaration,

15 bylaws, operating agreement, and rules and regulations of the

16 common interest community association.

17  (h) Other than attorney's fees and court or arbitration

18 costs, no fees pertaining to the collection of a member's or

19 unit owner's financial obligation to the association,

20 including fees charged by a manager or managing agent, shall

21 be added to and deemed a part of a member's or unit owner's

22 respective share of the common expenses unless: (i) the

23 managing agent fees relate to the costs to collect common

24 expenses for the association; (ii) the fees are set forth in a

25 contract between the managing agent and the association; and

26 (iii) the authority to add the management fees to a member's or
    HB5449 Enrolled     -3-       LRB104 18328 JRC 31768 b

1 unit owner's respective share of the common expenses is

2 specifically stated in the declaration, bylaws, or operating

3 agreement of the association.

4   (i) Board records.

5   (1) The board shall maintain the following records of

6   the association and make them available for examination

7   and copying at convenient hours of weekdays by any member

8   or unit owner in a common interest community subject to

9   the authority of the board, their mortgagees, and their

10  duly authorized agents or attorneys:

11  (i) Copies of the recorded declaration, other

12  community instruments, other duly recorded covenants

13  and bylaws and any amendments, articles of

14  incorporation, articles of organization, annual

15  reports, and any rules and regulations adopted by the

16  board shall be available. Prior to the organization of

17  the board, the developer shall maintain and make

18  available the records set forth in this paragraph (i)

19  for examination and copying.

20  (ii) Detailed and accurate records in

21  chronological order of the receipts and expenditures

22  affecting the common areas, specifying and itemizing

23  the maintenance and repair expenses of the common

24  areas and any other expenses incurred, and copies of

25  all contracts, leases, or other agreements entered

26  into by the board shall be maintained.
    HB5449 Enrolled  -4-      LRB104 18328 JRC 31768 b

1   (iii) The minutes of all meetings of the board

2   which shall be maintained for not less than 7 years.

3   (iv) With a written statement of a proper purpose,

4   ballots and proxies related thereto, if any, for any

5   election held for the board and for any other matters

6   voted on by the members, which shall be maintained for

7   not less than one year.

8   (v) With a written statement of a proper purpose,

9   such other records of the board as are available for

10  inspection by members of a not-for-profit corporation

11  pursuant to Section 107.75 of the General Not For

12  Profit Corporation Act of 1986 shall be maintained.

13  (vi) With respect to units owned by a land trust, a

14  living trust, or other legal entity, the trustee,

15  officer, or manager of the entity may designate, in

16  writing, a person to cast votes on behalf of the member

17  or unit owner and a designation shall remain in effect

18  until a subsequent document is filed with the

19  association.

20  (vii) Any reserve study.

21  (2) Where a request for records under this subsection

22  is made in writing to the board or its agent, failure to

23  provide the requested record or to respond within 30 days

24  shall be deemed a denial by the board.

25  (3) A reasonable fee may be charged by the board for

26  the cost of retrieving and copying records properly
    HB5449 Enrolled          -5-  LRB104 18328 JRC 31768 b

1   requested.

2         (4) If the board fails to provide records properly

3   requested under paragraph (1) of this subsection (i)

4   within the time period provided in that paragraph (1), the

5   member may seek appropriate relief and shall be entitled

6   to an award of reasonable attorney's fees and costs if the

7   member prevails and the court finds that such failure is

8   due to the acts or omissions of the board of managers or

9   the board of directors.

10  (j) The board shall have standing and capacity to act in a

11 representative capacity in relation to matters involving the

12 common areas or more than one unit, on behalf of the members or

13 unit owners as their interests may appear.

14  (k) The board may contract with the highway commissioner

15 of a road district in which the association is located, if the

16 association comprises 50% of the population or greater of the

17 township or road district, to furnish materials related to the

18 maintenance or repair of roads. Any such purchases shall be

19 included in the board's finance report as outlined in Section

20 1-45.

21  (l) The board must provide a website no later than January

22 1, 2028 that unit owners can access on the Internet that

23 includes information about board and membership meetings and

24 the approved minutes from a meeting of the board.

25 (Source: P.A. 102-921, eff. 5-27-22; 103-486, eff. 1-1-24.)
    HB5449 Enrolled          -6-  LRB104 18328 JRC 31768 b

1   (765 ILCS 160/1-45)

2   Sec. 1-45. Finances.

3   (a) Each member shall receive through a prescribed

4 delivery method, at least 30 days but not more than 60 days

5 prior to the adoption thereof by the board, a copy of the

6 proposed annual budget together with an indication of which

7 portions are intended for reserves, capital expenditures or

8 repairs or payment of real estate taxes.

9   (b) The board shall provide all members with a reasonably

10 detailed summary of the receipts, common expenses, and

11 reserves for the preceding budget year. The board shall (i)

12 make available for review to all members an itemized

13 accounting of the common expenses for the preceding year

14 actually incurred or paid, together with an indication of

15 which portions were for reserves, capital expenditures or

16 repairs or payment of real estate taxes and with a tabulation

17 of the amounts collected pursuant to the budget or assessment,

18 and showing the net excess or deficit of income over

19 expenditures plus reserves or (ii) provide a consolidated

20 annual independent audit report of the financial status of all

21 fund accounts within the association. This information must be

22 supplied through electronic transmission to all members who

23 have provided their information to the association and

24 authorized the association to transmit such information by

25 electronic transmission.

26  (c) If an adopted budget or any separate assessment
    HB5449 Enrolled           -7-  LRB104 18328 JRC 31768 b

1 adopted by the board would result in the sum of all regular and

2 separate assessments payable in the current fiscal year

3 exceeding 115% of the sum of all regular and separate

4 assessments payable during the preceding fiscal year, the

5 common interest community association, upon written petition

6 by members with 20% of the votes of the association delivered

7 to the board within 14 days of the board action, shall call a

8 meeting of the members within 30 days of the date of delivery

9 of the petition to consider the budget or separate assessment;

10 unless a majority of the total votes of the members are cast at

11 the meeting to reject the budget or separate assessment, it

12 shall be deemed ratified.

13  (d) If total common expenses exceed the total amount of

14 the approved and adopted budget, the common interest community

15 association shall disclose this variance to all its members

16 and specifically identify the subsequent assessments needed to

17 offset this variance in future budgets.

18  (e) Separate assessments for expenditures relating to

19 emergencies or mandated by law may be adopted by the board

20 without being subject to member approval or the provisions of

21 subsection (c) or (f) of this Section. As used herein,

22 "emergency" means a danger to or a compromise of the

23 structural integrity of the common areas or any of the common

24 facilities of the common interest community. "Emergency" also

25 includes a danger to the life, health or safety of the

26 membership.
    HB5449 Enrolled  -8-                   LRB104 18328 JRC 31768 b

1   (f) Assessments for additions and alterations to the

2 common areas or to association-owned property not included in

3 the adopted annual budget, shall be separately assessed and

4 are subject to approval of a simple majority of the total

5 members at a meeting called for that purpose.

6   (g) The board may adopt separate assessments payable over

7 more than one fiscal year. With respect to multi-year

8 assessments not governed by subsections (e) and (f) of this

9 Section, the entire amount of the multi-year assessment shall

10 be deemed considered and authorized in the first fiscal year

11 in which the assessment is approved.

12  (h) The board of a common interest community association

13 shall have the authority to establish and maintain a system of

14 master metering of public utility services to collect payments

15 in conjunction therewith, subject to the requirements of the

16 Tenant Utility Payment Disclosure Act.

17  (i) An association subject to this Act that consists of

18 100 or more units shall use generally accepted accounting

19 principles in fulfilling any accounting obligations under this

20 Act.

21 (Source: P.A. 100-292, eff. 1-1-18.)

22  Section 10. The Condominium Property Act is amended by

23 changing Sections 18 and 18.4 as follows:

24  (765 ILCS 605/18) (from Ch. 30, par. 318)
    HB5449 Enrolled        -9-  LRB104 18328 JRC 31768 b

1   Sec. 18. Contents of bylaws. The bylaws shall provide for

2 at least the following:

3   (a)(1) The election from among the unit owners of a

4   board of managers, the number of persons constituting such

5   board, and that the terms of at least one-third of the

6   members of the board shall expire annually and that all

7   members of the board shall be elected at large; if there

8   are multiple owners of a single unit, only one of the

9   multiple owners shall be eligible to serve as a member of

10  the board at any one time. A declaration first submitting

11  property to the provisions of this Act, in accordance with

12  Section 3 after the effective date of this amendatory Act

13  of the 102nd General Assembly, or an amendment to the

14  condominium instruments adopted in accordance with Section

15  27 after the effective date of this amendatory Act of the

16  102nd General Assembly, may provide that a majority of the

17  board of managers, or such lesser number as may be

18  specified in the declaration, must be comprised of unit

19  owners occupying their unit as their primary residence;

20  provided that the condominium instruments may not require

21  that more than a majority of the board shall be comprised

22  of unit owners who occupy their unit as their principal

23  residence;

24  (2) the powers and duties of the board;

25  (3) the compensation, if any, of the members of the

26  board;
    HB5449 Enrolled     - 10 - LRB104 18328 JRC 31768 b

1   (4) the method of removal from office of members of

2   the board;

3   (5) that the board may engage the services of a

4   manager or managing agent;

5   (6) that each unit owner shall receive, at least 25

6   days prior to the adoption thereof by the board of

7   managers, a copy of the proposed annual budget together

8   with an indication of which portions are intended for

9   reserves, capital expenditures or repairs or payment of

10  real estate taxes;

11  (7) that the board of managers shall annually supply

12  to all unit owners an itemized accounting of the common

13  expenses for the preceding year actually incurred or paid,

14  including receipts and expenses, together with an

15  indication of which portions were for reserves, capital

16  expenditures or repairs or payment of real estate taxes

17  and with a tabulation of the amounts collected pursuant to

18  the budget or assessment, and showing the net excess or

19  deficit of income over expenditures plus reserves; this

20  information shall be supplied through electronic

21  transmission to all members who have provided their

22  information to the association and authorized the

23  association to transmit such information by electronic

24  transmission as provided in Section 18.4;

25  (8)(i) that each unit owner shall receive notice, in

26  the same manner as is provided in this Act for membership
    HB5449 Enrolled  - 11 - LRB104 18328 JRC 31768 b

1   meetings, of any meeting of the board of managers

2   concerning the adoption of the proposed annual budget and

3   regular assessments pursuant thereto or to adopt a

4   separate (special) assessment, (ii) that except as

5   provided in subsection (iv) below, if an adopted budget or

6   any separate assessment adopted by the board would result

7   in the sum of all regular and separate assessments payable

8   in the current fiscal year exceeding 115% of the sum of all

9   regular and separate assessments payable during the

10  preceding fiscal year, the board of managers, upon written

11  petition by unit owners with 20 percent of the votes of the

12  association delivered to the board within 21 days of the

13  board action, shall call a meeting of the unit owners

14  within 30 days of the date of delivery of the petition to

15  consider the budget or separate assessment; unless a

16  majority of the total votes of the unit owners are cast at

17  the meeting to reject the budget or separate assessment,

18  it is ratified, (iii) that any common expense not set

19  forth in the budget or any increase in assessments over

20  the amount adopted in the budget shall be separately

21  assessed against all unit owners, (iv) that separate

22  assessments for expenditures relating to emergencies or

23  mandated by law may be adopted by the board of managers

24  without being subject to unit owner approval or the

25  provisions of item (ii) above or item (v) below. As used

26  herein, "emergency" means an immediate danger to the
    HB5449 Enrolled  - 12 - LRB104 18328 JRC 31768 b

1   structural integrity of the common elements or to the

2   life, health, safety or property of the unit owners, (v)

3   that assessments for additions and alterations to the

4   common elements or to association-owned property not

5   included in the adopted annual budget, shall be separately

6   assessed and are subject to approval of two-thirds of the

7   total votes of all unit owners, (vi) that the board of

8   managers may adopt separate assessments payable over more

9   than one fiscal year. With respect to multi-year

10  assessments not governed by items (iv) and (v), the entire

11  amount of the multi-year assessment shall be deemed

12  considered and authorized in the first fiscal year in

13  which the assessment is approved;

14  (9)(A) that every meeting of the board of managers

15  shall be open to any unit owner, except that the board may

16  close any portion of a noticed meeting or meet separately

17  from a noticed meeting to: (i) discuss litigation when an

18  action against or on behalf of the particular association

19  has been filed and is pending in a court or administrative

20  tribunal, or when the board of managers finds that such an

21  action is probable or imminent, (ii) discuss the

22  appointment, employment, engagement, or dismissal of an

23  employee, independent contractor, agent, or other provider

24  of goods and services, (iii) interview a potential

25  employee, independent contractor, agent, or other provider

26  of goods and services, (iv) discuss violations of rules
    HB5449 Enrolled         - 13 - LRB104 18328 JRC 31768 b

1   and regulations of the association, (v) discuss a unit

2   owner's unpaid share of common expenses, or (vi) consult

3   with the association's legal counsel; that any vote on

4   these matters shall take place at a meeting of the board of

5   managers or portion thereof open to any unit owner;

6        (B) that board members may participate in and act at

7   any meeting of the board of managers in person, by

8   telephonic means, or by use of any acceptable

9   technological means whereby all persons participating in

10  the meeting can communicate with each other; that

11  participation constitutes attendance and presence in

12  person at the meeting;

13       (C) that any unit owner may record the proceedings at

14  meetings of the board of managers or portions thereof

15  required to be open by this Act by tape, film or other

16  means, and that the board may prescribe reasonable rules

17  and regulations to govern the right to make such

18  recordings;

19       (D) that notice of every meeting of the board of

20  managers shall be given to every board member at least 48

21  hours prior thereto, unless the board member waives notice

22  of the meeting pursuant to subsection (a) of Section 18.8;

23  and

24       (E) that notice of every meeting of the board of

25  managers shall be posted in entranceways, elevators, or

26  other conspicuous places in the condominium at least 48
    HB5449 Enrolled           - 14 - LRB104 18328 JRC 31768 b

1   hours prior to the meeting of the board of managers except

2   where there is no common entranceway for 7 or more units,

3   the board of managers may designate one or more locations

4   in the proximity of these units where the notices of

5   meetings shall be posted; that notice of every meeting of

6   the board of managers shall also be given at least 48 hours

7   prior to the meeting, or such longer notice as this Act may

8   separately require, to: (i) each unit owner who has

9   provided the association with written authorization to

10  conduct business by acceptable technological means, and

11  (ii) to the extent that the condominium instruments of an

12  association require, to each other unit owner, as required

13  by subsection (f) of Section 18.8, by mail or delivery,

14  and that no other notice of a meeting of the board of

15  managers need be given to any unit owner;

16  (10) that the board shall meet at least 4 times

17  annually;

18  (11) that no member of the board or officer shall be

19  elected for a term of more than 2 years, but that officers

20  and board members may succeed themselves;

21  (12) the designation of an officer to mail and receive

22  all notices and execute amendments to condominium

23  instruments as provided for in this Act and in the

24  condominium instruments;

25  (13) the method of filling vacancies on the board

26  which shall include authority for the remaining members of
    HB5449 Enrolled        - 15 - LRB104 18328 JRC 31768 b

1   the board to fill the vacancy by two-thirds vote until the

2   next annual meeting of unit owners or for a period

3   terminating no later than 30 days following the filing of

4   a petition signed by unit owners holding 20% of the votes

5   of the association requesting a meeting of the unit owners

6   to fill the vacancy for the balance of the term, and that a

7   meeting of the unit owners shall be called for purposes of

8   filling a vacancy on the board no later than 30 days

9   following the filing of a petition signed by unit owners

10  holding 20% of the votes of the association requesting

11  such a meeting, and the method of filling vacancies among

12  the officers that shall include the authority for the

13  members of the board to fill the vacancy for the unexpired

14  portion of the term;

15  (14) what percentage of the board of managers, if

16  other than a majority, shall constitute a quorum;

17  (15) provisions concerning notice of board meetings to

18  members of the board;

19  (16) the board of managers may not enter into a

20  contract with a current board member or with a corporation

21  or partnership in which a board member or a member of the

22  board member's immediate family has 25% or more interest,

23  unless notice of intent to enter the contract is given to

24  unit owners within 20 days after a decision is made to

25  enter into the contract and the unit owners are afforded

26  an opportunity by filing a petition, signed by 20% of the
    HB5449 Enrolled  - 16 - LRB104 18328 JRC 31768 b

1   unit owners, for an election to approve or disapprove the

2   contract; such petition shall be filed within 30 days

3   after such notice and such election shall be held within

4   30 days after filing the petition; for purposes of this

5   subsection, a board member's immediate family means the

6   board member's spouse, parents, and children;

7   (17) that the board of managers may disseminate to

8   unit owners biographical and background information about

9   candidates for election to the board if (i) reasonable

10  efforts to identify all candidates are made and all

11  candidates are given an opportunity to include

12  biographical and background information in the information

13  to be disseminated; and (ii) the board does not express a

14  preference in favor of any candidate;

15  (18) any proxy distributed for board elections by the

16  board of managers gives unit owners the opportunity to

17  designate any person as the proxy holder, and gives the

18  unit owner the opportunity to express a preference for any

19  of the known candidates for the board or to write in a

20  name;

21  (19) that special meetings of the board of managers

22  can be called by the president or 25% of the members of the

23  board;

24  (20) that the board of managers may establish and

25  maintain a system of master metering of public utility

26  services and collect payments in connection therewith,
    HB5449 Enrolled      - 17 - LRB104 18328 JRC 31768 b

1   subject to the requirements of the Tenant Utility Payment

2   Disclosure Act; and

3   (21) that the board may ratify and confirm actions of

4   the members of the board taken in response to an

5   emergency, as that term is defined in subdivision

6   (a)(8)(iv) of this Section; that the board shall give

7   notice to the unit owners of: (i) the occurrence of the

8   emergency event within 7 business days after the emergency

9   event, and (ii) the general description of the actions

10  taken to address the event within 7 days after the

11  emergency event.

12  The intent of the provisions of Public Act 99-472

13  adding this paragraph (21) is to empower and support

14  boards to act in emergencies.

15  (b)(1) What percentage of the unit owners, if other

16  than 20%, shall constitute a quorum provided that, for

17  condominiums with 20 or more units, the percentage of unit

18  owners constituting a quorum shall be 20% unless the unit

19  owners holding a majority of the percentage interest in

20  the association provide for a higher percentage, provided

21  that in voting on amendments to the association's bylaws,

22  a unit owner who is in arrears on the unit owner's regular

23  or separate assessments for 60 days or more, shall not be

24  counted for purposes of determining if a quorum is

25  present, but that unit owner retains the right to vote on

26  amendments to the association's bylaws;
    HB5449 Enrolled     - 18 - LRB104 18328 JRC 31768 b

1   (2) that the association shall have one class of

2   membership;

3   (3) that the members shall hold an annual meeting, one

4   of the purposes of which shall be to elect members of the

5   board of managers;

6   (4) the method of calling meetings of the unit owners;

7   (5) that special meetings of the members can be called

8   by the president, board of managers, or by 20% of unit

9   owners;

10  (6) that written notice of any membership meeting

11  shall be mailed or delivered giving members no less than

12  10 and no more than 30 days notice of the time, place and

13  purpose of such meeting except that notice may be sent, to

14  the extent the condominium instruments or rules adopted

15  thereunder expressly so provide, by electronic

16  transmission consented to by the unit owner to whom the

17  notice is given, provided the director and officer or his

18  agent certifies in writing to the delivery by electronic

19  transmission;

20  (7) that voting shall be on a percentage basis, and

21  that the percentage vote to which each unit is entitled is

22  the percentage interest of the undivided ownership of the

23  common elements appurtenant thereto, provided that the

24  bylaws may provide for approval by unit owners in

25  connection with matters where the requisite approval on a

26  percentage basis is not specified in this Act, on the
    HB5449 Enrolled  - 19 - LRB104 18328 JRC 31768 b

1   basis of one vote per unit;

2   (8) that, where there is more than one owner of a unit,

3   if only one of the multiple owners is present at a meeting

4   of the association, he is entitled to cast all the votes

5   allocated to that unit, if more than one of the multiple

6   owners are present, the votes allocated to that unit may

7   be cast only in accordance with the agreement of a

8   majority in interest of the multiple owners, unless the

9   declaration expressly provides otherwise, that there is

10  majority agreement if any one of the multiple owners cast

11  the votes allocated to that unit without protest being

12  made promptly to the person presiding over the meeting by

13  any of the other owners of the unit;

14  (9)(A) except as provided in subparagraph (B) of this

15  paragraph (9) in connection with board elections, that a

16  unit owner may vote by proxy executed in writing by the

17  unit owner or by his duly authorized attorney in fact;

18  that the proxy must bear the date of execution and, unless

19  the condominium instruments or the written proxy itself

20  provide otherwise, is invalid after 11 months from the

21  date of its execution; to the extent the condominium

22  instruments or rules adopted thereunder expressly so

23  provide, a vote or proxy may be submitted by electronic

24  transmission, provided that any such electronic

25  transmission shall either set forth or be submitted with

26  information from which it can be determined that the
    HB5449 Enrolled  - 20 - LRB104 18328 JRC 31768 b

1   electronic transmission was authorized by the unit owner

2   or the unit owner's proxy;

3   (B) that if a rule adopted at least 120 days before a

4   board election or the declaration or bylaws provide for

5   balloting as set forth in this subsection, unit owners may

6   not vote by proxy in board elections, but may vote only (i)

7   by submitting an association-issued ballot in person at

8   the election meeting or (ii) by submitting an

9   association-issued ballot to the association or its

10  designated agent by mail or other means of delivery

11  specified in the declaration, bylaws, or rule; that the

12  ballots shall be mailed or otherwise distributed to unit

13  owners not less than 10 and not more than 30 days before

14  the election meeting, and the board shall give unit owners

15  not less than 21 days' prior written notice of the

16  deadline for inclusion of a candidate's name on the

17  ballots; that the deadline shall be no more than 7 days

18  before the ballots are mailed or otherwise distributed to

19  unit owners; that every such ballot must include the names

20  of all candidates who have given the board or its

21  authorized agent timely written notice of their candidacy

22  and must give the person casting the ballot the

23  opportunity to cast votes for candidates whose names do

24  not appear on the ballot; that a ballot received by the

25  association or its designated agent after the close of

26  voting shall not be counted; that a unit owner who submits
    HB5449 Enrolled  - 21 - LRB104 18328 JRC 31768 b

1   a ballot by mail or other means of delivery specified in

2   the declaration, bylaws, or rule may request and cast a

3   ballot in person at the election meeting, and thereby void

4   any ballot previously submitted by that unit owner;

5   (B-5) that if a rule adopted at least 120 days before a

6   board election or the declaration or bylaws provide for

7   balloting as set forth in this subparagraph, unit owners

8   may not vote by proxy in board elections, but may vote only

9   (i) by submitting an association-issued ballot in person

10  at the election meeting; or (ii) by any acceptable

11  technological means as defined in Section 2 of this Act;

12  instructions regarding the use of electronic means for

13  voting shall be distributed to all unit owners not less

14  than 10 and not more than 30 days before the election

15  meeting, and the board shall give unit owners not less

16  than 21 days' prior written notice of the deadline for

17  inclusion of a candidate's name on the ballots; the

18  deadline shall be no more than 7 days before the

19  instructions for voting using electronic or acceptable

20  technological means is distributed to unit owners; every

21  instruction notice must include the names of all

22  candidates who have given the board or its authorized

23  agent timely written notice of their candidacy and must

24  give the person voting through electronic or acceptable

25  technological means the opportunity to cast votes for

26  candidates whose names do not appear on the ballot; a unit
    HB5449 Enrolled  - 22 - LRB104 18328 JRC 31768 b

1   owner who submits a vote using electronic or acceptable

2   technological means may request and cast a ballot in

3   person at the election meeting, thereby voiding any vote

4   previously submitted by that unit owner;

5   (C) that if a written petition by unit owners with at

6   least 20% of the votes of the association is delivered to

7   the board within 30 days after the board's approval of a

8   rule adopted pursuant to subparagraph (B) or subparagraph

9   (B-5) of this paragraph (9), the board shall call a

10  meeting of the unit owners within 30 days after the date of

11  delivery of the petition; that unless a majority of the

12  total votes of the unit owners are cast at the meeting to

13  reject the rule, the rule is ratified;

14  (D) that votes cast by ballot under subparagraph (B)

15  or electronic or acceptable technological means under

16  subparagraph (B-5) of this paragraph (9) are valid for the

17  purpose of establishing a quorum;

18  (10) that the association may, upon adoption of the

19  appropriate rules by the board of managers, conduct

20  elections by secret ballot whereby the voting ballot is

21  marked only with the percentage interest for the unit and

22  the vote itself, provided that the board further adopt

23  rules to verify the status of the unit owner issuing a

24  proxy or casting a ballot; and further, that a candidate

25  for election to the board of managers or such candidate's

26  representative shall have the right to be present at the
    HB5449 Enrolled  - 23 - LRB104 18328 JRC 31768 b

1   counting of ballots at such election;

2   (11) that in the event of a resale of a condominium

3   unit the purchaser of a unit from a seller other than the

4   developer pursuant to an installment sales contract for

5   purchase shall during such times as he or she resides in

6   the unit be counted toward a quorum for purposes of

7   election of members of the board of managers at any

8   meeting of the unit owners called for purposes of electing

9   members of the board, shall have the right to vote for the

10  election of members of the board of managers and to be

11  elected to and serve on the board of managers unless the

12  seller expressly retains in writing any or all of such

13  rights. In no event may the seller and purchaser both be

14  counted toward a quorum, be permitted to vote for a

15  particular office or be elected and serve on the board.

16  Satisfactory evidence of the installment sales contract

17  shall be made available to the association or its agents.

18  For purposes of this subsection, "installment sales

19  contract" shall have the same meaning as set forth in

20  Section 5 of the Installment Sales Contract Act and

21  Section 1(e) of the Dwelling Unit Installment Contract

22  Act;

23  (12) the method by which matters subject to the

24  approval of unit owners set forth in this Act, or in the

25  condominium instruments, will be submitted to the unit

26  owners at special membership meetings called for such
    HB5449 Enrolled   - 24 - LRB104 18328 JRC 31768 b

1   purposes; and

2   (13) that matters subject to the affirmative vote of

3   not less than 2/3 of the votes of unit owners at a meeting

4   duly called for that purpose, shall include, but not be

5   limited to:

6   (i) merger or consolidation of the association;

7   (ii) sale, lease, exchange, or other disposition

8   (excluding the mortgage or pledge) of all, or

9   substantially all of the property and assets of the

10  association; and

11  (iii) the purchase or sale of land or of units on

12  behalf of all unit owners.

13  (c) Election of a president from among the board of

14  managers, who shall preside over the meetings of the board

15  of managers and of the unit owners.

16  (d) Election of a secretary from among the board of

17  managers, who shall keep the minutes of all meetings of

18  the board of managers and of the unit owners and who shall,

19  in general, perform all the duties incident to the office

20  of secretary.

21  (e) Election of a treasurer from among the board of

22  managers, who shall keep the financial records and books

23  of account.

24  (f) Maintenance, repair and replacement of the common

25  elements and payments therefor, including the method of

26  approving payment vouchers.
    HB5449 Enrolled  - 25 - LRB104 18328 JRC 31768 b

1   (g) An association with 30 or more units shall obtain

2   and maintain fidelity insurance covering persons who

3   control or disburse funds of the association for the

4   maximum amount of coverage available to protect funds in

5   the custody or control of the association plus the

6   association reserve fund. All management companies which

7   are responsible for the funds held or administered by the

8   association shall maintain and furnish to the association

9   a fidelity bond for the maximum amount of coverage

10  available to protect funds in the custody of the

11  management company at any time. The association shall bear

12  the cost of the fidelity insurance and fidelity bond,

13  unless otherwise provided by contract between the

14  association and a management company. The association

15  shall be the direct obligee of any such fidelity bond. A

16  management company holding reserve funds of an association

17  shall at all times maintain a separate account for each

18  association, provided, however, that for investment

19  purposes, the Board of Managers of an association may

20  authorize a management company to maintain the

21  association's reserve funds in a single interest bearing

22  account with similar funds of other associations. The

23  management company shall at all times maintain records

24  identifying all moneys of each association in such

25  investment account. The management company may hold all

26  operating funds of associations which it manages in a
    HB5449 Enrolled  - 26 - LRB104 18328 JRC 31768 b

1   single operating account but shall at all times maintain

2   records identifying all moneys of each association in such

3   operating account. Such operating and reserve funds held

4   by the management company for the association shall not be

5   subject to attachment by any creditor of the management

6   company.

7   For the purpose of this subsection, a management

8   company shall be defined as a person, partnership,

9   corporation, or other legal entity entitled to transact

10  business on behalf of others, acting on behalf of or as an

11  agent for a unit owner, unit owners or association of unit

12  owners for the purpose of carrying out the duties,

13  responsibilities, and other obligations necessary for the

14  day to day operation and management of any property

15  subject to this Act. For purposes of this subsection, the

16  term "fiduciary insurance coverage" shall be defined as

17  both a fidelity bond and directors and officers liability

18  coverage, the fidelity bond in the full amount of

19  association funds and association reserves that will be in

20  the custody of the association, and the directors and

21  officers liability coverage at a level as shall be

22  determined to be reasonable by the board of managers, if

23  not otherwise established by the declaration or by laws.

24  Until one year after September 21, 1985 (the effective

25  date of Public Act 84-722), if a condominium association

26  has reserves plus assessments in excess of $250,000 and
    HB5449 Enrolled           - 27 - LRB104 18328 JRC 31768 b

1   cannot reasonably obtain 100% fidelity bond coverage for

2   such amount, then it must obtain a fidelity bond coverage

3   of $250,000.

4   (h) Method of estimating the amount of the annual

5   budget, and the manner of assessing and collecting from

6   the unit owners their respective shares of such estimated

7   expenses, and of any other expenses lawfully agreed upon.

8   (i) That upon 10 days notice to the manager or board of

9   managers and payment of a reasonable fee, any unit owner

10  shall be furnished a statement of his account setting

11  forth the amount of any unpaid assessments or other

12  charges due and owing from such owner.

13  (j) Designation and removal of personnel necessary for

14  the maintenance, repair and replacement of the common

15  elements.

16  (k) Such restrictions on and requirements respecting

17  the use and maintenance of the units and the use of the

18  common elements, not set forth in the declaration, as are

19  designed to prevent unreasonable interference with the use

20  of their respective units and of the common elements by

21  the several unit owners.

22  (l) Method of adopting and of amending administrative

23  rules and regulations governing the operation and use of

24  the common elements.

25  (m) The percentage of votes required to modify or

26  amend the bylaws, but each one of the particulars set
    HB5449 Enrolled  - 28 - LRB104 18328 JRC 31768 b

1   forth in this section shall always be embodied in the

2   bylaws.

3   (n)(i) The provisions of this Act, the declaration,

4   bylaws, other condominium instruments, and rules and

5   regulations that relate to the use of the individual unit

6   or the common elements shall be applicable to any person

7   leasing a unit and shall be deemed to be incorporated in

8   any lease executed or renewed on or after August 30, 1984

9   (the effective date of Public Act 83-1271).

10  (ii) With regard to any lease entered into subsequent

11  to July 1, 1990 (the effective date of Public Act 86-991),

12  the unit owner leasing the unit shall deliver a copy of the

13  signed lease to the board or if the lease is oral, a

14  memorandum of the lease, not later than the date of

15  occupancy or 10 days after the lease is signed, whichever

16  occurs first. In addition to any other remedies, by filing

17  an action jointly against the tenant and the unit owner,

18  an association may seek to enjoin a tenant from occupying

19  a unit or seek to evict a tenant under the provisions of

20  Article IX of the Code of Civil Procedure for failure of

21  the lessor-owner to comply with the leasing requirements

22  prescribed by this Section or by the declaration, bylaws,

23  and rules and regulations. The board of managers may

24  proceed directly against a tenant, at law or in equity, or

25  under the provisions of Article IX of the Code of Civil

26  Procedure, for any other breach by tenant of any
    HB5449 Enrolled  - 29 - LRB104 18328 JRC 31768 b

1   covenants, rules, regulations or bylaws.

2   (o) The association shall have no authority to forbear

3   the payment of assessments by any unit owner.

4   (p) That when 30% or fewer of the units, by number,

5   possess over 50% in the aggregate of the votes in the

6   association, any percentage vote of members specified

7   herein or in the condominium instruments shall require the

8   specified percentage by number of units rather than by

9   percentage of interest in the common elements allocated to

10  units that would otherwise be applicable and garage units

11  or storage units, or both, shall have, in total, no more

12  votes than their aggregate percentage of ownership in the

13  common elements; this shall mean that if garage units or

14  storage units, or both, are to be given a vote, or portion

15  of a vote, that the association must add the total number

16  of votes cast of garage units, storage units, or both, and

17  divide the total by the number of garage units, storage

18  units, or both, and multiply by the aggregate percentage

19  of ownership of garage units and storage units to

20  determine the vote, or portion of a vote, that garage

21  units or storage units, or both, have. For purposes of

22  this subsection (p), when making a determination of

23  whether 30% or fewer of the units, by number, possess over

24  50% in the aggregate of the votes in the association, a

25  unit shall not include a garage unit or a storage unit.

26  (q) That a unit owner may not assign, delegate,
    HB5449 Enrolled        - 30 - LRB104 18328 JRC 31768 b

1   transfer, surrender, or avoid the duties,

2   responsibilities, and liabilities of a unit owner under

3   this Act, the condominium instruments, or the rules and

4   regulations of the Association; and that such an attempted

5   assignment, delegation, transfer, surrender, or avoidance

6   shall be deemed void.

7   The provisions of this Section are applicable to all

8 condominium instruments recorded under this Act. Any portion

9 of a condominium instrument which contains provisions contrary

10 to these provisions shall be void as against public policy and

11 ineffective. Any such instrument which fails to contain the

12 provisions required by this Section shall be deemed to

13 incorporate such provisions by operation of law.

14 (Source: P.A. 102-162, eff. 1-1-22.)

15  (765 ILCS 605/18.4) (from Ch. 30, par. 318.4)

16  Sec. 18.4. Powers and duties of board of managers. The

17 board of managers shall exercise for the association all

18 powers, duties and authority vested in the association by law

19 or the condominium instruments except for such powers, duties

20 and authority reserved by law to the members of the

21 association. The powers and duties of the board of managers

22 shall include, but shall not be limited to, the following:

23  (a) To provide for the operation, care, upkeep,

24  maintenance, replacement and improvement of the common

25  elements. Nothing in this subsection (a) shall be deemed
    HB5449 Enrolled  - 31 - LRB104 18328 JRC 31768 b

1   to invalidate any provision in a condominium instrument

2   placing limits on expenditures for the common elements,

3   provided, that such limits shall not be applicable to

4   expenditures for repair, replacement, or restoration of

5   existing portions of the common elements. The term

6   "repair, replacement or restoration" means expenditures to

7   deteriorated or damaged portions of the property related

8   to the existing decorating, facilities, or structural or

9   mechanical components, interior or exterior surfaces, or

10  energy systems and equipment with the functional

11  equivalent of the original portions of such areas.

12  Replacement of the common elements may result in an

13  improvement over the original quality of such elements or

14  facilities; provided that, unless the improvement is

15  mandated by law or is an emergency as defined in item (iv)

16  of subparagraph (8) of paragraph (a) of Section 18, if the

17  improvement results in a proposed expenditure exceeding 5%

18  of the annual budget, the board of managers, upon written

19  petition by unit owners with 20% of the votes of the

20  association delivered to the board within 21 days of the

21  board action to approve the expenditure, shall call a

22  meeting of the unit owners within 30 days of the date of

23  delivery of the petition to consider the expenditure.

24  Unless a majority of the total votes of the unit owners are

25  cast at the meeting to reject the expenditure, it is

26  ratified.
    HB5449 Enrolled    - 32 - LRB104 18328 JRC 31768 b

1   (b) To prepare, adopt and distribute the annual budget

2   for the property.

3   (c) To levy and expend assessments.

4   (d) To collect assessments from unit owners.

5   (e) To provide for the employment and dismissal of the

6   personnel necessary or advisable for the maintenance and

7   operation of the common elements.

8   (f) To obtain adequate and appropriate kinds of

9   insurance.

10  (g) To own, convey, encumber, lease, and otherwise

11  deal with units conveyed to or purchased by it.

12  (h) To adopt and amend rules and regulations covering

13  the details of the operation and use of the property,

14  after a meeting of the unit owners called for the specific

15  purpose of discussing the proposed rules and regulations.

16  Notice of the meeting shall contain the full text of the

17  proposed rules and regulations, and the meeting shall

18  conform to the requirements of Section 18(b) of this Act,

19  except that no quorum is required at the meeting of the

20  unit owners unless the declaration, bylaws or other

21  condominium instrument expressly provides to the contrary.

22  However, no rule or regulation may impair any rights

23  guaranteed by the First Amendment to the Constitution of

24  the United States or Section 4 of Article I of the Illinois

25  Constitution including, but not limited to, the free

26  exercise of religion, nor may any rules or regulations
    HB5449 Enrolled     - 33 - LRB104 18328 JRC 31768 b

1   conflict with the provisions of this Act or the

2   condominium instruments. No rule or regulation shall

3   prohibit any reasonable accommodation for religious

4   practices, including the attachment of religiously

5   mandated objects to the front-door area of a condominium

6   unit.

7   (i) To keep detailed, accurate records of the receipts

8   and expenditures affecting the use and operation of the

9   property.

10  (j) To have access to each unit from time to time as

11  may be necessary for the maintenance, repair or

12  replacement of any common elements or for making emergency

13  repairs necessary to prevent damage to the common elements

14  or to other units.

15  (k) To pay real property taxes, special assessments,

16  and any other special taxes or charges of the State of

17  Illinois or of any political subdivision thereof, or other

18  lawful taxing or assessing body, which are authorized by

19  law to be assessed and levied upon the real property of the

20  condominium.

21  (l) To impose charges for late payment of a unit

22  owner's proportionate share of the common expenses, or any

23  other expenses lawfully agreed upon, and after notice and

24  an opportunity to be heard, to levy reasonable fines for

25  violation of the declaration, by-laws, and rules and

26  regulations of the association.
    HB5449 Enrolled  - 34 - LRB104 18328 JRC 31768 b

1   (m) By a majority vote of the entire board of

2   managers, to assign the right of the association to future

3   income from common expenses or other sources, and to

4   mortgage or pledge substantially all of the remaining

5   assets of the association.

6   (n) To record the dedication of a portion of the

7   common elements to a public body for use as, or in

8   connection with, a street or utility where authorized by

9   the unit owners under the provisions of Section 14.2.

10  (o) To record the granting of an easement for the

11  laying of cable television or high speed Internet cable

12  where authorized by the unit owners under the provisions

13  of Section 14.3; to obtain, if available and determined by

14  the board to be in the best interests of the association,

15  cable television or bulk high speed Internet service for

16  all of the units of the condominium on a bulk identical

17  service and equal cost per unit basis; and to assess and

18  recover the expense as a common expense and, if so

19  determined by the board, to assess each and every unit on

20  the same equal cost per unit basis.

21  (p) To seek relief on behalf of all unit owners when

22  authorized pursuant to subsection (c) of Section 10 from

23  or in connection with the assessment or levying of real

24  property taxes, special assessments, and any other special

25  taxes or charges of the State of Illinois or of any

26  political subdivision thereof or of any lawful taxing or
    HB5449 Enrolled  - 35 - LRB104 18328 JRC 31768 b

1   assessing body.

2   (q) To reasonably accommodate the needs of a unit

3   owner who is a person with a disability as required by the

4   federal Civil Rights Act of 1968, the Human Rights Act and

5   any applicable local ordinances in the exercise of its

6   powers with respect to the use of common elements or

7   approval of modifications in an individual unit.

8   (r) To accept service of a notice of claim for

9   purposes of the Mechanics Lien Act on behalf of each

10  respective member of the Unit Owners' Association with

11  respect to improvements performed pursuant to any contract

12  entered into by the Board of Managers or any contract

13  entered into prior to the recording of the condominium

14  declaration pursuant to this Act, for a property

15  containing more than 8 units, and to distribute the notice

16  to the unit owners within 7 days of the acceptance of the

17  service by the Board of Managers. The service shall be

18  effective as if each individual unit owner had been served

19  individually with notice.

20  (s) To adopt and amend rules and regulations (l)

21  authorizing electronic delivery of notices and other

22  communications required or contemplated by this Act to

23  each unit owner who provides the association with written

24  authorization for electronic delivery and an electronic

25  address to which such communications are to be

26  electronically transmitted; and (2) authorizing each unit
    HB5449 Enrolled        - 36 - LRB104 18328 JRC 31768 b

1   owner to designate an electronic address or a U.S. Postal

2   Service address, or both, as the unit owner's address on

3   any list of members or unit owners which an association is

4   required to provide upon request pursuant to any provision

5   of this Act or any condominium instrument.

6   (t) The board must provide a website no later than

7   January 1, 2028 that unit owners can access on the

8   Internet that includes information about board and

9   membership meetings and the approved minutes from a

10  meeting of the board.

11  In the performance of their duties, the officers and

12 members of the board, whether appointed by the developer or

13 elected by the unit owners, shall exercise the care required

14 of a fiduciary of the unit owners.

15  The collection of assessments from unit owners by an

16 association, board of managers or their duly authorized agents

17 shall not be considered acts constituting a collection agency

18 for purposes of the Collection Agency Act.

19  The provisions of this Section are applicable to all

20 condominium instruments recorded under this Act. Any portion

21 of a condominium instrument which contains provisions contrary

22 to these provisions shall be void as against public policy and

23 ineffective. Any such instrument that fails to contain the

24 provisions required by this Section shall be deemed to

25 incorporate such provisions by operation of law.

26 (Source: P.A. 99-143, eff. 7-27-15; 99-849, eff. 1-1-17;
         HB5449 Enrolled  - 37 - LRB104 18328 JRC 31768 b
1 100-292, eff. 1-1-18.)
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