Illinois 94th Regular Session Status: Enacted

SB 2772 — NOT FOR PROFIT-HOMEOWNR MEETNG

Last action — Public Act . . . . . . . . . 94-1099

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 20, 2006. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the General Not For Profit Corporation Act of 1986. Provides for open meetings for the listed type of meetings of the board of directors of a residential not-for-profit homeowners association. Effective immediately.

Bill Text

What changed in the latest version

84 added · 43 removed

Plain-language change summary

The amendment to SB 2772 changes the focus from residential not-for-profit homeowners associations to residential cooperative corporations, specifically those with 24 or more units. This means that now, the rules regarding open board meetings and recording procedures apply specifically to cooperative corporations, allowing residential shareholders greater access and transparency. This matters because it enhances the rights of shareholders to participate in governance and ensures they can hold their boards accountable.

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SB2772 Engrossed LRB094 18971 LCT 54438 b AN ACT concerning business.
SB2772 Enrolled LRB094 18971 LCT 54438 b AN ACT concerning business.
The Business Corporation Act of 1983 is amended by changing Section 2.35 as follows:
(805 ILCS 5/2.35) (from Ch.
32, par.
2.35) Sec.
2.35.
Meetings of the board of directors of a residential cooperative corporation containing 24 or more units shall be open to any residential shareholder, except for the portion of any meeting held (i) to discuss litigation when an action against or on behalf of the corporation has been filed and is pending in a court or administrative tribunal, or when the board of directors finds that such an action is probable or imminent, (ii) to consider information regarding appointment, employment or dismissal of an employee, or (iii) to discuss violations of rules and regulations of the corporation by a residential shareholder.
Any residential shareholder may record by tape, film or other means the proceedings at such meetings or portions thereof required to be open by this Section.
The board may prescribe reasonable rules and regulations to govern the right to make such recordings.
Notice of such meetings shall be mailed or delivered at least 48 hours prior thereto, unless a written waiver of such notice is signed by the person or persons entitled to such notice pursuant to the articles of incorporation, bylaws, or other instrument before the meeting is convened.
Copies of notices of meetings of the board of directors shall be posted in entranceways, elevators, or other conspicuous places in the residential cooperative at least 48 hours prior to the meeting of the board of directors.
If there is no common entranceway for 7 or more apartments, the board of directors may designate one or more locations in the proximity of such units where the SB2772 Enrolled - 2 - LRB094 18971 LCT 54438 b notices of meetings shall be posted.
For purposes of this Section, "meeting of the board of directors" means any gathering of a quorum of the members of the board of directors of the residential cooperative held for the purpose of discussing business of the cooperative.
The provisions of this Section shall apply to any residential cooperative containing 24 or more units situated in the State of Illinois regardless of where such cooperative may be incorporated.
(Source:
P.A.
92-638, eff.
1-1-03.) Section 10.
Meetings of the board of directors of a residential not-for-profit homeowners association or cooperative not-for-profit corporation containing 24 or more units shall be open to any member, except for the portion of any meeting held (i) to discuss litigation when an action against or on behalf of the corporation has been filed and is pending in a court or administrative tribunal, or when the board of directors finds that such an action is probable or imminent, (ii) to consider information regarding appointment, employment or dismissal of an employee, or (iii) to discuss violations of rules and regulations of the corporation by a residential shareholder.
Meetings of the board of directors of a not-for-profit homeowners association or residential cooperative not-for-profit corporation containing 24 or more units shall be open to any member, except for the portion of any meeting held (i) to discuss litigation when an action against or on behalf of the corporation has been filed and is pending in a court or administrative tribunal, or when the board of directors finds that such an action is probable or imminent, (ii) to consider information regarding appointment, employment or dismissal of an employee, or (iii) to discuss violations of rules and regulations of the corporation by a residential shareholder.
Copies of notices of meetings of the board of directors shall be posted in entranceways, elevators, or other conspicuous places in the residential cooperative at least 48 hours prior to the meeting of the board of directors.
Copies of notices of meetings of the board of directors shall be posted in entranceways, elevators, or other SB2772 Enrolled - 3 - LRB094 18971 LCT 54438 b conspicuous places in the residential cooperative at least 48 hours prior to the meeting of the board of directors.
If there is no common entranceway for 7 or more apartments, the board of directors may designate one or more locations in the proximity SB2772 Engrossed - 2 - LRB094 18971 LCT 54438 b of such units where the notices of meetings shall be posted.
If there is no common entranceway for 7 or more units apartments, the board of directors may designate one or more locations in the proximity of such units where the notices of meetings shall be posted.
For purposes of this Section, "meeting of the board of directors" means any gathering of a quorum of the members of the board of directors of the residential cooperative held for the purpose of discussing business of the cooperative.
For purposes of this Section, "meeting of the board of directors" means any gathering of a quorum of the members of the board of directors of the residential cooperative held for the purpose of discussing business of the homeowners association or cooperative.
The provisions of this Section shall apply to any residential cooperative containing 24 or more units situated in the State of Illinois regardless of where such cooperative may be incorporated.
The provisions of this Section shall apply to any homeowners association or residential cooperative containing 24 or more units situated in the State of Illinois regardless of where it such cooperative may be incorporated.
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Action History

  1. Public Act . . . . . . . . . 94-1099

  2. Effective Date February 2, 2007

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 1 Senate Concurs 057-000-000

  7. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Housing & Community Affairs; 006-000-000

  8. House Floor Amendment No. 1 Motion to Concur Rules Referred to Housing & Community Affairs

  9. Placed on Calendar Order of Concurrence House Amendment(s) 01-November 15, 2006

  10. Secretary's Desk - Concurrence House Amendment(s) 01

  11. Approved for Consideration Rules

  12. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  13. House Floor Amendment No. 1 Motion to Concur Referred to Rules

  14. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. William E. Peterson

  15. Placed on Calendar Order of Concurrence House Amendment(s) 01-May 2, 2006

  16. Secretary's Desk - Concurrence House Amendment(s) 01

  17. Third Reading - Short Debate - Passed 100-000-000

  18. Placed on Calendar Order of 3rd Reading - Short Debate

  19. House Floor Amendment No. 1 Adopted by Voice Vote

  20. Final Action Deadline Extended-9(b) April 30, 2006

  21. House Floor Amendment No. 1 Recommends Be Adopted Housing and Urban Development Committee; 013-000-000

  22. Final Action Deadline Extended-9(b) April 13, 2006

  23. House Floor Amendment No. 1 Rules Refers to Housing and Urban Development Committee

  24. Final Action Deadline Extended-9(b) April 7, 2006

  25. House Floor Amendment No. 1 Referred to Rules Committee

  26. House Floor Amendment No. 1 Filed with Clerk by Rep. Tom Cross

  27. Added Alternate Co-Sponsor Rep. Jack D. Franks

  28. Held on Calendar Order of Second Reading - Short Debate

  29. Second Reading - Short Debate

  30. Added Alternate Chief Co-Sponsor Rep. Suzanne Bassi

  31. Placed on Calendar 2nd Reading - Short Debate

  32. Do Pass / Short Debate Housing and Urban Development Committee; 014-000-000

  33. Added Alternate Chief Co-Sponsor Rep. Timothy L. Schmitz

  34. Assigned to Housing and Urban Development Committee

  35. Added Alternate Chief Co-Sponsor Rep. Mark H. Beaubien, Jr.

  36. Referred to Rules Committee

  37. First Reading

  38. Chief House Sponsor Rep. Tom Cross

  39. Placed on Calendar Order of First Reading

  40. Arrived in House

  41. Third Reading - Passed; 054-000-000

  42. Placed on Calendar Order of 3rd Reading February 14, 2006

  43. Second Reading

  44. Added as Chief Co-Sponsor Sen. Pamela J. Althoff

  45. Placed on Calendar Order of 2nd Reading February 9, 2006

  46. Do Pass Housing & Community Affairs; 007-000-000

  47. Assigned to Housing & Community Affairs

  48. Referred to Rules

  49. First Reading

  50. Filed with Secretary by Sen. William E. Peterson

Sponsors

  • William E. Peterson · Cosponsor
  • Jack D. Franks · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

  • William E. Peterson
  • Jack D. Franks

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 51002
Democrat 5000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Cronin — Yea
Garrett — Yea
Halvorson — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Shadid — Yea
Brady — Yea
Munoz — Yea
Forby — Yea
Haine — Yea
Lauzen — Yea
Link — Yea
Sullivan — Yea
Luechtefeld — Yea
Petka — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Demuzio — Yea
Radogno — Yea
Silverstein — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Clayborne — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Geo-Karis — Not Voting
Hendon — Yea
Pankau — Yea
Peterson — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Not Voting
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 100 Yea · 0 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 880018
Democrat 9000
Republican 3000
Total 1000018
% of votes cast 85%0%0%15%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Not Voting
Schmitz — Yea
Schock — Yea
Leitch — Yea
Lindner — Not Voting
Acevedo — Yea
Bassi — Not Voting
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Not Voting
McCarthy — Yea
Durkin — Not Voting
Munson — Yea
Holbrook — Yea
Jefferson — Yea
Jenisch — Yea
Howard — Yea
Madigan — Yea
Molaro — Not Voting
Watson — Yea
Myers — Yea
Nekritz — Yea
Davis, Monique — Yea
Osmond — Not Voting
Phelps — Yea
McGuire — Not Voting
Brady — Not Voting
Scully — Not Voting
Jones — Not Voting
Sommer — Not Voting
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Not Voting
Dunn — Not Voting
Fritchey — Not Voting
Hultgren — Yea
Jakobsson — Yea
Kosel — Yea
Krause — Yea
Lang — Yea
Mathias — Yea
McAuliffe — Yea
Reitz — Yea
Lyons — Yea
McKeon — Yea
Mendoza — Yea
Meyer — Yea
Moffitt — Yea
Mulligan — Yea
Soto — Yea
Tenhouse — Yea
Tryon — Yea
Turner — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Mitchell, Bill — Yea
Burke — Yea
Mitchell, Jerry — Yea
Sullivan — Yea
Hannig — Yea
Chavez — Yea
Churchill — Yea
Dugan — Yea
Dunkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Froehlich — Yea
Giles — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Hassert — Yea
Osterman — Not Voting
Parke — Yea
Patterson — Not Voting
Pihos — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 48005
Democrat 5000
Republican 1000
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Silverstein — Not Voting
Luechtefeld — Not Voting
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Halvorson — Yea
Lauzen — Yea
Link — Yea
Maloney — Yea
Meeks — Not Voting
Millner — Yea
Brady — Yea
Munoz — Yea
Peterson — Yea
Radogno — Yea
Sullivan, J. — Yea
Schoenberg — Yea
Petka — Yea
Jacobs — Yea
Shadid — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Trotter — Yea
Demuzio — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Clayborne — Yea
Cronin — Not Voting
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Not Voting
Forby — Yea
Garrett — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Pankau — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does SB 2772 do?
Amends the General Not For Profit Corporation Act of 1986. Provides for open meetings for the listed type of meetings of the board of directors of a residential not-for-profit homeowners association. Effective immediately.
Who sponsors SB 2772?
SB 2772 is sponsored by William E. Peterson and Jack D. Franks.
What is the current status of SB 2772?
This bill has been enacted into law. Introduced January 20, 2006. Enacted.
Where can I track SB 2772?
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