765 ILCS 160/160/1-35
Member powers, duties, and obligations
No plain-English summary yet for this section. Read the statutory text below or open the official source.
Statutory text
Sec. 1-35. Member powers, duties, and obligations.
(a) The provisions of this Act, the declaration, bylaws, other community instruments, and rules and regulations that relate to the use of an individual unit or the common areas shall be applicable to any person leasing a unit and shall be deemed to be incorporated in any lease executed or renewed on or after the effective date of this Act. Unless otherwise provided in the community instruments, with regard to any lease entered into subsequent to the effective date of this Act, the unit owner leasing the unit shall deliver a copy of the signed lease to the association or if the lease is oral, a memorandum of the lease, not later than the date of occupancy or 10 days after the lease is signed, whichever occurs first.
(b) If there are multiple owners of a single unit, only one of the multiple owners shall be eligible to serve as a member of the board at any one time, unless the unit owner owns another unit independently.
(c) Two-thirds of the membership may remove a board member as a director at a duly called special meeting.
(d) In the event of any resale of a unit in a common interest community association by a member or unit owner other than the developer, the board shall make available for inspection to the prospective purchaser, upon demand, the following:
A copy of the declaration, other instruments, and
any rules and regulations.
A statement of any liens, including a statement
of the account of the unit setting forth the amounts of unpaid assessments and other charges due and owing.
A statement of any capital expenditures
anticipated by the association within the current or succeeding 2 fiscal years.
A statement of the status and amount of any
reserve or replacement fund and any other fund specifically designated for association projects.
A copy of the statement of financial condition of
the association for the last fiscal year for which such a statement is available.
A statement of the status of any pending suits or
judgments in which the association is a party.
A statement setting forth what insurance coverage
is provided for all members or unit owners by the association for common properties.
The principal officer of the board or such other officer as is specifically designated shall furnish the above information within 30 days after receiving a written request for such information.
A reasonable fee covering the direct out-of-pocket cost of copying and providing such information may be charged by the association or the board to the unit seller for providing the information.
(Source: P.A. 97-605, eff. 8-26-11; 97-1090, eff. 8-24-12; 98-842, eff. 1-1-15.)
(Text of Section after amendment by P.A. 104-734)
Sec. 1-35. Member powers, duties, and obligations.
(a) The provisions of this Act, the declaration, bylaws, other community instruments, and rules and regulations that relate to the use of an individual unit or the common areas shall be applicable to any person leasing a unit and shall be deemed to be incorporated in any lease executed or renewed on or after the effective date of this Act. Unless otherwise provided in the community instruments, with regard to any lease entered into subsequent to the effective date of this Act, the unit owner leasing the unit shall deliver a copy of the signed lease to the association or if the lease is oral, a memorandum of the lease, not later than the date of occupancy or 10 days after the lease is signed, whichever occurs first.
(b) If there are multiple owners of a single unit, only one of the multiple owners shall be eligible to serve as a member of the board at any one time, unless the unit owner owns another unit independently.
(c) Two-thirds of the membership may remove a board member as a director at a duly called special meeting.
(d) In the event of any resale of a unit in a common interest community association by a member or unit owner other than the developer, the board shall make available for inspection to the prospective purchaser, upon demand, the following:
A copy of the declaration, other instruments, and
any rules and regulations.
A statement of any liens, including a statement
of the account of the unit setting forth the amounts of unpaid assessments and other charges due and owing.
A statement of any capital expenditures
anticipated by the association within the current or succeeding 2 fiscal years.
A statement of the status and amount of any
reserve or replacement fund and any other fund specifically designated for association projects.
A copy of the statement of financial condition of
the association for the last fiscal year for which such a statement is available.
A statement of the status of any pending suits or
judgments in which the association is a party.
A statement setting forth what insurance coverage
is provided for all members or unit owners by the association for common properties.
A copy of the collection policy adopted under
subsection (j) of Section 1-45.
The principal officer of the board or such other officer as is specifically designated shall furnish the above information within 30 days after receiving a written request for such information.
A reasonable fee covering the direct out-of-pocket cost of copying and providing such information may be charged by the association or the board to the unit seller for providing the information.
(Source: P.A. 104-734, eff. 1-1-27.)
Synced from the Florida Legislature’s official site. Verify the current version before citing.
Does your association comply?
Run your governing documents through the compliance scan. It checks them against the rules that apply in your state.
Run the compliance scanPut this statute to work
Free tools for Illinois boards and owners. No account needed.
Free account
Save your place and go deeper
A free account adds bookmarks, PDF export, uploaded governing documents, and side-by-side search with Florida statutes.
- Bookmark statute sections you cite in meetings
- Upload CC&Rs and bylaws with the same section finder
- Ask questions in the Common Area forum
Common Elements is the platform for the community association industry, centered on the associations themselves: the record of each association, the people and professionals who live in, run, manage, and serve them, and the tools, data, and education they use to work together. It complements the management and accounting software you already use; it does not replace it.
Reference only. Not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (September 28, 2026).