98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3537

 

Introduced 2/14/2014, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 160/1-75

    Amends the Common Interest Community Association Act. Provides that a common interest community association meeting specified criteria is exempt from the Act if the association affirmatively elects to be exempt from the Act by a majority vote of all of its members (instead of "unless the association affirmatively elects to be covered by this Act by a majority of its directors or members").


LRB098 15771 HEP 50803 b

 

 

A BILL FOR

 

SB3537LRB098 15771 HEP 50803 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 is
5amended by changing Section 1-75 as follows:
 
6    (765 ILCS 160/1-75)
7    Sec. 1-75. Exemptions for small common interest
8communities.
9    (a) A common interest community association organized
10under the General Not for Profit Corporation Act of 1986 and
11having either (i) 10 units or less or (ii) annual budgeted
12assessments of $100,000 or less shall be exempt from this Act
13if unless the association affirmatively elects to be exempt
14from covered by this Act by a majority vote of all of its
15directors or members.
16    (b) Common interest community associations which in their
17declaration, bylaws, or other governing documents provide that
18the association may not use the courts or an arbitration
19process to collect or enforce assessments, fines, or similar
20levies and common interest community associations (i) of 10
21units or less or (ii) having annual budgeted assessments of
22$50,000 or less shall be exempt from subsection (a) of Section
231-30, subsections (a) and (b) of Section 1-40, and Section 1-55

 

 

SB3537- 2 -LRB098 15771 HEP 50803 b

1but shall be required to provide notice of meetings to members
2in a manner and at a time that will allow members to
3participate in those meetings.
4(Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11;
597-1090, eff. 8-24-12.)