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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 Code of Civil Procedure is amended by
5		changing Section 9-102 as follows:
6		(735 ILCS 5/9-102) (from Ch. 110, par. 9-102)
7		Sec. 9-102. When action may be maintained.
8		(a) The person entitled to the possession of lands or
9		tenements may be restored thereto under any of the following
10		circumstances:
11		(1) When a forcible entry is made thereon.
12		(2) When a peaceable entry is made and the possession
13		unlawfully withheld.
14		(3) When entry is made into vacant or unoccupied lands
15		or tenements without right or title.
16		(4) When any lessee of the lands or tenements, or any
17		person holding under such lessee, holds possession without
18		right after the termination of the lease or tenancy by its
19		own limitation, condition or terms, or by notice to quit or
20		otherwise.
21		(5) When a vendee having obtained possession under a
22		written or verbal agreement to purchase lands or tenements,
23		and having failed to comply with the agreement, withholds

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1		possession thereof, after demand in writing by the person
2		entitled to such possession; provided, however, that any
3		such agreement for residential real estate as defined in
4		the Illinois Mortgage Foreclosure Law entered into on or
5		after July 1, 1987 where the purchase price is to be paid
6		in installments over a period in excess of 5 years and the
7		amount unpaid under the terms of the contract at the time
8		of the filing of a foreclosure complaint under Article XV,
9		including principal and due and unpaid interest, is less
10		than 80% of the original purchase price shall be foreclosed
11		under the Illinois Mortgage Foreclosure Law.
12		This amendatory Act of 1993 is declarative of existing
13		law.
14		(6) When lands or tenements have been conveyed by any
15		grantor in possession, or sold under the order or judgment
16		of any court in this State, or by virtue of any sale in any
17		mortgage or deed of trust contained and the grantor in
18		possession or party to such order or judgment or to such
19		mortgage or deed of trust, after the expiration of the time
20		of redemption, when redemption is allowed by law, refuses
21		or neglects to surrender possession thereof, after demand
22		in writing by the person entitled thereto, or his or her
23		agent.
24		(7) When any property is subject to the provisions of
25		the Condominium Property Act, the owner of a unit fails or
26		refuses to pay when due his or her proportionate share of

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1		the common expenses of such property, or of any other
2		expenses lawfully agreed upon or any unpaid fine, the Board
3		of Managers or its agents have served the demand set forth
4		in Section 9-104.1 of this Article in the manner provided
5		for in that Section and the unit owner has failed to pay
6		the amount claimed within the time prescribed in the
7		demand; or if the lessor-owner of a unit fails to comply
8		with the leasing requirements prescribed by subsection (n)
9		of Section 18 of the Condominium Property Act or by the
10		declaration, by-laws, and rules and regulations of the
11		condominium, or if a lessee of an owner is in breach of any
12		covenants, rules, regulations, or by-laws of the
13		condominium, and the Board of Managers or its agents have
14		served the demand set forth in Section 9-104.2 of this
15		Article in the manner provided in that Section.
16		(8) When any property is subject to the provisions of a
17		declaration establishing a common interest community and
18		requiring the unit owner to pay regular or special
19		assessments for the maintenance or repair of common areas
20		owned in common by all of the owners of the common interest
21		community or by the community association and maintained
22		for the use of the unit owners or of any other expenses of
23		the association lawfully agreed upon, and the unit owner
24		fails or refuses to pay when due his or her proportionate
25		share of such assessments or expenses and the board or its
26		agents have served the demand set forth in Section 9-104.1

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1		of this Article in the manner provided for in that Section
2		and the unit owner has failed to pay the amount claimed
3		within the time prescribed in the demand.
4		(b) The provisions of paragraph (8) of subsection (a) of
5		Section 9-102 and Section 9-104.3 of this Act shall not apply
6		to any common interest community unless (1) the association is
7		a not-for-profit corporation or a limited liability company,
8		(2) unit owners are authorized to attend meetings of the board
9		of directors or board of managers of the association in the
10		same manner as provided for condominiums under the Condominium
11		Property Act, and (3) the board of managers or board of
12		directors of the common interest community association has,
13		subsequent to the effective date of this amendatory Act of 1984
14		voted to have the provisions of this Article apply to such
15		association and has delivered or mailed notice of such action
16		to the unit owners or unless the declaration of the association
17		is recorded after the effective date of this amendatory Act of
18		1985.
19		(c) For purposes of this Article:
20		(1) "Common interest community" means real estate
21		other than a condominium or cooperative with respect to
22		which any person by virtue of his or her ownership of a
23		partial interest or unit therein is obligated to pay for
24		maintenance, improvement, insurance premiums, or real
25		estate taxes of other real estate described in a
26		declaration which is administered by an association.

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1		(2) "Declaration" means any duly recorded instruments,
2		however designated, that have created a common interest
3		community and any duly recorded amendments to those
4		instruments.
5		(3) "Unit" means a physical portion of the common
6		interest community designated by separate ownership or
7		occupancy by boundaries which are described in a
8		declaration.
9		(4) "Unit owners' association" or "association" means
10		the association of all owners of units in the common
11		interest community acting pursuant to the declaration.
12		(d) If the board of a common interest community elects to
13		have the provisions of this Article apply to such association
14		or the declaration of the association is recorded after the
15		effective date of this amendatory Act of 1985, the provisions
16		of subsections (c) through (h) of Section 18.5 of the
17		Condominium Property Act applicable to a Master Association and
18		condominium unit subject to such association under subsections
19		(c) through (h) of Section 18.5 shall be applicable to the
20		community associations and to its unit owners.
21		(Source: P.A. 88-47; 89-41, eff. 6-23-95; 89-626, eff. 8-9-96.)
22		Section 10. The Common Interest Community Association Act
23		is amended by changing Sections 1-5, 1-20, 1-25, 1-30, and 1-50
24		as follows:

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1		(765 ILCS 160/1-5)
2		Sec. 1-5. Definitions. As used in this Act, unless the
3		context otherwise requires:
4		"Acceptable technological means" includes, without
5		limitation, electronic transmission over the Internet or other
6		network, whether by direct connection, intranet, telecopier,
7		or electronic mail.
8		"Association" or "common interest community association"
9		means the association of all the members of a common interest
10		community, acting pursuant to bylaws or an operating agreement
11		through its duly elected board of managers or board of
12		directors.
13		"Board" means a common interest community association's
14		board of managers or board of directors, whichever is
15		applicable.
16		"Board member" or "member of the board" means a member of
17		the board of managers or the board of directors, whichever is
18		applicable.
19		"Board of directors" means, for a common interest community
20		that has been incorporated as an Illinois not-for-profit
21		corporation, the group of people elected by the members of a
22		common interest community as the governing body to exercise for
23		the members of the common interest community association all
24		powers, duties, and authority vested in the board of directors
25		under this Act and the common interest community association's
26		declaration and bylaws.

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1		"Board of managers" means, for a common interest community
2		that is an unincorporated association or organized as a limited
3		liability company, the group of people elected by the members
4		of a common interest community as the governing body to
5		exercise for the members of the common interest community
6		association all powers, duties, and authority vested in the
7		board of managers under this Act and the common interest
8		community association's declaration, and bylaws, or operating
9		agreement.
10		"Building" means all structures, attached or unattached,
11		containing one or more units.
12		"Common areas" means the portion of the property other than
13		a unit.
14		"Common expenses" means the proposed or actual expenses
15		affecting the property, including reserves, if any, lawfully
16		assessed by the common interest community association.
17		"Common interest community" means real estate other than a
18		condominium or cooperative with respect to which any person by
19		virtue of his or her ownership of a partial interest or a unit
20		therein is obligated to pay for the maintenance, improvement,
21		insurance premiums or real estate taxes of common areas
22		described in a declaration which is administered by an
23		association. "Common interest community" may include, but not
24		be limited to, an attached or detached townhome, villa, or
25		single-family home. A "common interest community" does not
26		include a master association.

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1		"Community instruments" means all documents and authorized
2		amendments thereto recorded by a developer or common interest
3		community association, including, but not limited to, the
4		declaration, bylaws, operating agreement, plat of survey, and
5		rules and regulations.
6		"Declaration" means any duly recorded instruments, however
7		designated, that have created a common interest community and
8		any duly recorded amendments to those instruments.
9		"Developer" means any person who submits property legally
10		or equitably owned in fee simple by the person to the
11		provisions of this Act, or any person who offers units legally
12		or equitably owned in fee simple by the person for sale in the
13		ordinary course of such person's business, including any
14		successor to such person's entire interest in the property
15		other than the purchaser of an individual unit.
16		"Developer control" means such control at a time prior to
17		the election of the board of the common interest community
18		association by a majority of the members other than the
19		developer.
20		"Electronic transmission" means any form of communication,
21		not directly involving the physical transmission of paper, that
22		creates a record that may be retained, retrieved, and reviewed
23		by a recipient and that may be directly reproduced in paper
24		form by the recipient through an automated process.
25		"Majority" or "majority of the members" means the owners of
26		more than 50% in the aggregate in interest of the undivided

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1		ownership of the common elements. Any specified percentage of
2		the members means such percentage in the aggregate in interest
3		of such undivided ownership. "Majority" or "majority of the
4		members of the board of the common interest community
5		association" means more than 50% of the total number of persons
6		constituting such board pursuant to the bylaws or operating
7		agreement. Any specified percentage of the members of the
8		common interest community association means that percentage of
9		the total number of persons constituting such board pursuant to
10		the bylaws or operating agreement.
11		"Management company" or "community association manager"
12		means a person, partnership, corporation, or other legal entity
13		entitled to transact business on behalf of others, acting on
14		behalf of or as an agent for an association for the purpose of
15		carrying out the duties, responsibilities, and other
16		obligations necessary for the day to day operation and
17		management of any property subject to this Act.
18		"Meeting of the board" or "board meeting" means any
19		gathering of a quorum of the members of the board of the common
20		interest community association held for the purpose of
21		conducting board business.
22		"Member" means the person or entity designated as an owner
23		and entitled to one vote as defined by the community
24		instruments. The terms "member" and "unit owner" may be used
25		interchangeably as defined by the community instruments,
26		except in situations in which a matter of legal title to the

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1		unit is involved or at issue, in which case the term "unit
2		owner" would be the applicable term used.
3		"Membership" means the collective group of members
4		entitled to vote as defined by the community instruments.
5		"Parcel" means the lot or lots or tract or tracts of land
6		described in the declaration as part of a common interest
7		community.
8		"Person" means a natural individual, corporation,
9		partnership, trustee, or other legal entity capable of holding
10		title to real property.
11		"Plat" means a plat or plats of survey of the parcel and of
12		all units in the common interest community, which may consist
13		of a three-dimensional horizontal and vertical delineation of
14		all such units, structures, easements, and common areas on the
15		property.
16		"Prescribed delivery method" means mailing, delivering,
17		posting in an association publication that is routinely mailed
18		to all members, electronic transmission, or any other delivery
19		method that is approved in writing by the member and authorized
20		by the community instruments.
21		"Property" means all the land, property, and space
22		comprising the parcel, all improvements and structures
23		erected, constructed or contained therein or thereon,
24		including any building and all easements, rights, and
25		appurtenances belonging thereto, and all fixtures and
26		equipment intended for the mutual use, benefit, or enjoyment of

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1		the members, under the authority or control of a common
2		interest community association.
3		"Purchaser" means any person or persons, other than the
4		developer, who purchase a unit in a bona fide transaction for
5		value.
6		"Record" means to record in the office of the recorder of
7		the county wherein the property is located.
8		"Reserves" means those sums paid by members which are
9		separately maintained by the common interest community
10		association for purposes specified by the declaration and
11		bylaws of the common interest community association.
12		"Unit" means a part of the property designed and intended
13		for any type of independent use.
14		"Unit owner" means the person or persons whose estates or
15		interests, individually or collectively, aggregate fee simple
16		absolute ownership of a unit.
17		(Source: P.A. 97-605, eff. 8-26-11; 97-1090, eff. 8-24-12;
18		98-1042, eff. 1-1-15.)
19		(765 ILCS 160/1-20)
20		Sec. 1-20. Amendments to the declaration, or bylaws, or
21		operating agreement.
22		(a) The administration of every property shall be governed
23		by the declaration and bylaws or operating agreement, which may
24		either be embodied in the declaration or in a separate
25		instrument, a true copy of which shall be appended to and

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1		recorded with the declaration. No modification or amendment of
2		the declaration, or bylaws, or operating agreement shall be
3		valid unless the same is set forth in an amendment thereof and
4		such amendment is duly recorded. An amendment of the
5		declaration, or bylaws, or operating agreement shall be deemed
6		effective upon recordation, unless the amendment sets forth a
7		different effective date.
8		(b) Unless otherwise provided by this Act, amendments to
9		community instruments authorized to be recorded shall be
10		executed and recorded by the president of the board or such
11		other officer authorized by the common interest community
12		association or the community instruments.
13		(c) If an association that currently permits leasing amends
14		its declaration, bylaws, or rules and regulations to prohibit
15		leasing, nothing in this Act or the declarations, bylaws, rules
16		and regulations of an association shall prohibit a unit owner
17		incorporated under 26 USC 501(c)(3) which is leasing a unit at
18		the time of the prohibition from continuing to do so until such
19		time that the unit owner voluntarily sells the unit; and no
20		special fine, fee, dues, or penalty shall be assessed against
21		the unit owner for leasing its unit.
22		(d) No action to incorporate a common interest community as
23		a municipality shall commence until an instrument agreeing to
24		incorporation has been signed by two-thirds of the members.
25		(Source: P.A. 96-1400, eff. 7-29-10; 97-605, eff. 8-26-11;
26		97-1090, eff. 8-24-12.)

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1		(765 ILCS 160/1-25)
2		Sec. 1-25. Board of managers, board of directors, duties,
3		elections, and voting.
4		(a) Elections shall be held in accordance with the
5		community instruments, provided that an election shall be held
6		no less frequently than once every 24 months, for the board of
7		managers or board of directors from among the membership of a
8		common interest community association.
9		(b) (Blank).
10		(c) The members of the board shall serve without
11		compensation, unless the community instruments indicate
12		otherwise.
13		(d) No member of the board or officer shall be elected for
14		a term of more than 4 years, but officers and board members may
15		succeed themselves.
16		(e) If there is a vacancy on the board, the remaining
17		members of the board may fill the vacancy by a two-thirds vote
18		of the remaining board members until the next annual meeting of
19		the membership or until members holding 20% of the votes of the
20		association request a meeting of the members to fill the
21		vacancy for the balance of the term. A meeting of the members
22		shall be called for purposes of filling a vacancy on the board
23		no later than 30 days following the filing of a petition signed
24		by membership holding 20% of the votes of the association
25		requesting such a meeting.

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1		(f) There shall be an election of a:
2		(1) president from among the members of the board, who
3		shall preside over the meetings of the board and of the
4		membership;
5		(2) secretary from among the members of the board, who
6		shall keep the minutes of all meetings of the board and of
7		the membership and who shall, in general, perform all the
8		duties incident to the office of secretary; and
9		(3) treasurer from among the members of the board, who
10		shall keep the financial records and books of account.
11		(g) If no election is held to elect board members within
12		the time period specified in the bylaws, or within a reasonable
13		amount of time thereafter not to exceed 90 days, then 20% of
14		the members may bring an action to compel compliance with the
15		election requirements specified in the bylaws or operating
16		agreement. If the court finds that an election was not held to
17		elect members of the board within the required period due to
18		the bad faith acts or omissions of the board of managers or the
19		board of directors, the members shall be entitled to recover
20		their reasonable attorney's fees and costs from the
21		association. If the relevant notice requirements have been met
22		and an election is not held solely due to a lack of a quorum,
23		then this subsection (g) does not apply.
24		(h) Where there is more than one owner of a unit and there
25		is only one member vote associated with that unit, if only one
26		of the multiple owners is present at a meeting of the

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1		membership, he or she is entitled to cast the member vote
2		associated with that unit.
3		(h-5) A member may vote:
4		(1) by proxy executed in writing by the member or by
5		his or her duly authorized attorney in fact, provided,
6		however, that the proxy bears the date of execution. Unless
7		the community instruments or the written proxy itself
8		provide otherwise, proxies will not be valid for more than
9		11 months after the date of its execution; or
10		(2) by submitting an association-issued ballot in
11		person at the election meeting; or
12		(3) by submitting an association-issued ballot to the
13		association or its designated agent by mail or other means
14		of delivery specified in the declaration or bylaws; or
15		(4) by any electronic or acceptable technological
16		means.
17		Votes cast under any paragraph of this subsection (h-5) are
18		valid for the purpose of establishing a quorum.
19		(i) The association may, upon adoption of the appropriate
20		rules by the board, conduct elections by electronic or
21		acceptable technological means. Members may not vote by proxy
22		in board elections. Instructions regarding the use of
23		electronic means or acceptable technological means for voting
24		shall be distributed to all members not less than 10 and not
25		more than 30 days before the election meeting. The instruction
26		notice must include the names of all candidates who have given

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1		the board or its authorized agent timely written notice of
2		their candidacy and must give the person voting through
3		electronic or acceptable technological means the opportunity
4		to cast votes for candidates whose names do not appear on the
5		ballot. The board rules shall provide and the instructions
6		provided to the member shall state that a member who submits a
7		vote using electronic or acceptable technological means may
8		request and cast a ballot in person at the election meeting,
9		and thereby void any vote previously submitted by that member.
10		(j) Upon proof of purchase, the purchaser of a unit from a
11		seller other than the developer pursuant to an installment
12		contract for purchase shall, during such times as he or she
13		resides in the unit, be counted toward a quorum for purposes of
14		election of members of the board at any meeting of the
15		membership called for purposes of electing members of the
16		board, shall have the right to vote for the members of the
17		board of the common interest community association and to be
18		elected to and serve on the board unless the seller expressly
19		retains in writing any or all of such rights.
20		(Source: P.A. 97-605, eff. 8-26-11; 97-1090, eff. 8-24-12;
21		98-1042, eff. 1-1-15.)
22		(765 ILCS 160/1-30)
23		Sec. 1-30. Board duties and obligations; records.
24		(a) The board shall meet at least 4 times annually.
25		(b) A common interest community association may not enter

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1		into a contract with a current board member, or with a
2		corporation, limited liability company, or partnership in
3		which a board member or a member of his or her immediate family
4		has 25% or more interest, unless notice of intent to enter into
5		the contract is given to members within 20 days after a
6		decision is made to enter into the contract and the members are
7		afforded an opportunity by filing a petition, signed by 20% of
8		the membership, for an election to approve or disapprove the
9		contract; such petition shall be filed within 20 days after
10		such notice and such election shall be held within 30 days
11		after filing the petition. For purposes of this subsection, a
12		board member's immediate family means the board member's
13		spouse, parents, siblings, and children.
14		(c) The bylaws or operating agreement shall provide for the
15		maintenance, repair, and replacement of the common areas and
16		payments therefor, including the method of approving payment
17		vouchers.
18		(d) (Blank).
19		(e) The association may engage the services of a manager or
20		management company.
21		(f) The association shall have one class of membership
22		unless the declaration, or bylaws, or operating agreement
23		provide otherwise; however, this subsection (f) shall not be
24		construed to limit the operation of subsection (c) of Section
25		1-20 of this Act.
26		(g) The board shall have the power, after notice and an

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1		opportunity to be heard, to levy and collect reasonable fines
2		from members or unit owners for violations of the declaration,
3		bylaws, operating agreement, and rules and regulations of the
4		common interest community association.
5		(h) Other than attorney's fees and court or arbitration
6		costs, no fees pertaining to the collection of a member's or
7		unit owner's financial obligation to the association,
8		including fees charged by a manager or managing agent, shall be
9		added to and deemed a part of a member's or unit owner's
10		respective share of the common expenses unless: (i) the
11		managing agent fees relate to the costs to collect common
12		expenses for the association; (ii) the fees are set forth in a
13		contract between the managing agent and the association; and
14		(iii) the authority to add the management fees to a member's or
15		unit owner's respective share of the common expenses is
16		specifically stated in the declaration, or bylaws, or operating
17		agreement of the association.
18		(i) Board records.
19		(1) The board shall maintain the following records of
20		the association and make them available for examination and
21		copying at convenient hours of weekdays by any member or
22		unit owner in a common interest community subject to the
23		authority of the board, their mortgagees, and their duly
24		authorized agents or attorneys:
25		(i) Copies of the recorded declaration, other
26		community instruments, other duly recorded covenants

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1		and bylaws and any amendments, articles of
2		incorporation, articles of organization, annual
3		reports, and any rules and regulations adopted by the
4		board shall be available. Prior to the organization of
5		the board, the developer shall maintain and make
6		available the records set forth in this paragraph (i)
7		for examination and copying.
8		(ii) Detailed and accurate records in
9		chronological order of the receipts and expenditures
10		affecting the common areas, specifying and itemizing
11		the maintenance and repair expenses of the common areas
12		and any other expenses incurred, and copies of all
13		contracts, leases, or other agreements entered into by
14		the board shall be maintained.
15		(iii) The minutes of all meetings of the board
16		which shall be maintained for not less than 7 years.
17		(iv) With a written statement of a proper purpose,
18		ballots and proxies related thereto, if any, for any
19		election held for the board and for any other matters
20		voted on by the members, which shall be maintained for
21		not less than one year.
22		(v) With a written statement of a proper purpose,
23		such other records of the board as are available for
24		inspection by members of a not-for-profit corporation
25		pursuant to Section 107.75 of the General Not For
26		Profit Corporation Act of 1986 shall be maintained.

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1		(vi) With respect to units owned by a land trust, a
2		living trust, or other legal entity, the trustee,
3		officer, or manager of the entity may designate, in
4		writing, a person to cast votes on behalf of the member
5		or unit owner and a designation shall remain in effect
6		until a subsequent document is filed with the
7		association.
8		(2) Where a request for records under this subsection
9		is made in writing to the board or its agent, failure to
10		provide the requested record or to respond within 30 days
11		shall be deemed a denial by the board.
12		(3) A reasonable fee may be charged by the board for
13		the cost of retrieving and copying records properly
14		requested.
15		(4) If the board fails to provide records properly
16		requested under paragraph (1) of this subsection (i) within
17		the time period provided in that paragraph (1), the member
18		may seek appropriate relief and shall be entitled to an
19		award of reasonable attorney's fees and costs if the member
20		prevails and the court finds that such failure is due to
21		the acts or omissions of the board of managers or the board
22		of directors.
23		(j) The board shall have standing and capacity to act in a
24		representative capacity in relation to matters involving the
25		common areas or more than one unit, on behalf of the members or
26		unit owners as their interests may appear.

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1		(Source: P.A. 97-605, eff. 8-26-11; 97-1090, eff. 8-24-12;
2		98-232, eff. 1-1-14; 98-241, eff. 8-9-13; 98-756, eff.
3		7-16-14.)
4		(765 ILCS 160/1-50)
5		Sec. 1-50. Administration of property prior to election of
6		the initial board of directors.
7		(a) Until the election of the initial board whose
8		declaration is recorded on or after the effective date of this
9		Act, the same rights, titles, powers, privileges, trusts,
10		duties, and obligations that are vested in or imposed upon the
11		board by this Act or in the declaration or other duly recorded
12		covenant shall be held and performed by the developer.
13		(b) The election of the initial board, whose declaration is
14		recorded on or after the effective date of this Act, shall be
15		held not later than 60 days after the conveyance by the
16		developer of 75% of the units, or 3 years after the recording
17		of the declaration, whichever is earlier. The developer shall
18		give at least 21 days' notice of the meeting to elect the
19		initial board of directors and shall upon request provide to
20		any member, within 3 working days of the request, the names,
21		addresses, and weighted vote of each member entitled to vote at
22		the meeting. Any member shall, upon receipt of the request, be
23		provided with the same information, within 10 days after the
24		request, with respect to each subsequent meeting to elect
25		members of the board of directors.

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1		(c) If the initial board of a common interest community
2		association whose declaration is recorded on or after the
3		effective date of this Act is not elected by the time
4		established in subsection (b), the developer shall continue in
5		office for a period of 30 days, whereupon written notice of his
6		or her resignation shall be sent to all of the unit owners or
7		members.
8		(d) Within 60 days following the election of a majority of
9		the board, other than the developer, by members, the developer
10		shall deliver to the board:
11		(1) All original documents as recorded or filed
12		pertaining to the property, its administration, and the
13		association, such as the declaration, articles of
14		incorporation, articles of organization, other
15		instruments, annual reports, minutes, rules and
16		regulations, and contracts, leases, or other agreements
17		entered into by the association. If any original documents
18		are unavailable, a copy may be provided if certified by
19		affidavit of the developer, or an officer or agent of the
20		developer, as being a complete copy of the actual document
21		recorded or filed.
22		(2) A detailed accounting by the developer, setting
23		forth the source and nature of receipts and expenditures in
24		connection with the management, maintenance, and operation
25		of the property, copies of all insurance policies, and a
26		list of any loans or advances to the association which are

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1		outstanding.
2		(3) Association funds, which shall have been at all
3		times segregated from any other moneys of the developer.
4		(4) A schedule of all real or personal property,
5		equipment, and fixtures belonging to the association,
6		including documents transferring the property, warranties,
7		if any, for all real and personal property and equipment,
8		deeds, title insurance policies, and all tax bills.
9		(5) A list of all litigation, administrative action,
10		and arbitrations involving the association, any notices of
11		governmental bodies involving actions taken or which may be
12		taken concerning the association, engineering and
13		architectural drawings and specifications as approved by
14		any governmental authority, all other documents filed with
15		any other governmental authority, all governmental
16		certificates, correspondence involving enforcement of any
17		association requirements, copies of any documents relating
18		to disputes involving members or unit owners, and originals
19		of all documents relating to everything listed in this
20		paragraph.
21		(6) If the developer fails to fully comply with this
22		subsection (d) within the 60 days provided and fails to
23		fully comply within 10 days after written demand mailed by
24		registered or certified mail to his or her last known
25		address, the board may bring an action to compel compliance
26		with this subsection (d). If the court finds that any of

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1		the required deliveries were not made within the required
2		period, the board shall be entitled to recover its
3		reasonable attorney's fees and costs incurred from and
4		after the date of expiration of the 10-day demand.
5		(e) With respect to any common interest community
6		association whose declaration is recorded on or after the
7		effective date of this Act, any contract, lease, or other
8		agreement made prior to the election of a majority of the board
9		other than the developer by or on behalf of members or
10		underlying common interest community association, the
11		association or the board, which extends for a period of more
12		than 2 years from the recording of the declaration, shall be
13		subject to cancellation by more than one-half of the votes of
14		the members, other than the developer, cast at a special
15		meeting of members called for that purpose during a period of
16		90 days prior to the expiration of the 2-year period if the
17		board is elected by the members, otherwise by more than
18		one-half of the underlying common interest community
19		association board. At least 60 days prior to the expiration of
20		the 2-year period, the board or, if the board is still under
21		developer control, the developer shall send notice to every
22		member notifying them of this provision, of what contracts,
23		leases, and other agreements are affected, and of the procedure
24		for calling a meeting of the members or for action by the board
25		for the purpose of acting to terminate such contracts, leases
26		or other agreements. During the 90-day period the other party

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1		to the contract, lease, or other agreement shall also have the
2		right of cancellation.
3		(f) The statute of limitations for any actions in law or
4		equity that the board may bring shall not begin to run until
5		the members have elected a majority of the members of the
6		board.
7		(Source: P.A. 96-1400, eff. 7-29-10; 97-1090, eff. 8-24-12.)
8		Section 99. Effective date. This Act takes effect upon
9		becoming law.