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Illinois Ch. 765 ILCS 160
Illinois Common Interest Community Association Act (765 ILCS 160)Governs Illinois common interest communities other than condominiums and cooperatives -- typically townhome, villa, and single-family-home associations whose owners must pay for shared common areas under a recorded declaration administered by an association (765 ILCS 160). Covers definitions, applicability, board elections and voting, board duties and records, member rights and resale disclosure, meetings and quorum, and finances and budgets. The Act does not create its own recorded-lien or power-of-sale foreclosure mechanism; associations collect unpaid assessments through the courts, including the possession remedy under the Eviction Article of the Code of Civil Procedure (735 ILCS 5/Art. IX). No non-judicial power of sale is conferred.Official source
§ 765 ILCS 160/1-5
Defines the terms used throughout the CICAA, including common interest community, association, board, common areas, common expenses, community instruments, declaration, developer, member, management company / community association manager, and unit owner. A common interest community is real estate other than a condominium or cooperative whose owners must pay for maintaining common areas under a declaration administered by an association.
§ 765 ILCS 160/1-10
States that, unless expressly provided otherwise in the Act, the CICAA applies to all common interest community associations in Illinois.
§ 765 ILCS 160/1-25
Sets the rules for electing the board (at least once every 24 months), term limits, filling vacancies, electing officers, and how members may vote, including by proxy, association-issued ballot, mail, or electronic means. Provides a member remedy with attorney fees if no election is held due to the board acting in bad faith.
§ 765 ILCS 160/1-30
Requires the board to meet at least four times a year, restricts contracts with board members, authorizes the board to levy reasonable fines after notice and an opportunity to be heard, limits the collection fees that may be charged to a delinquent member, and requires the board to maintain specified records and make them available to members for examination and copying, with a 30-day response deadline.
§ 765 ILCS 160/1-35
Makes the Act and the governing documents applicable to tenants and requires owners to deliver leases to the association. On any resale by a member other than the developer, requires the board to make available to a prospective purchaser specified disclosures, including the governing documents, a statement of liens and unpaid assessments, anticipated capital expenditures, reserves, financial condition, pending suits, and insurance, within 30 days of a written request.
§ 765 ILCS 160/1-40
Sets notice, quorum, and conduct rules for membership and board meetings, including a 10-to-30-day notice for membership meetings, a 20 percent quorum unless the instruments lower it, a 48-hour board-meeting notice, the limited grounds for closing a portion of a board meeting, and a reserved member-comment period.
§ 765 ILCS 160/1-45
Requires the board to distribute a proposed annual budget 30 to 60 days before adoption, to report receipts and expenses to members, and provides that a budget or separate assessment exceeding 115 percent of the prior year is subject to a member petition and ratification meeting. Allows emergency or legally mandated separate assessments without member approval and requires generally accepted accounting principles for associations of 100 or more units.
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