Bill Text: IL HB1235 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Condominium Property Act. Allows a member of a condominium association to decline to provide information regarding the member's name, address, email address, telephone number, and weighted vote in order to prevent such information from being used for a commercial purpose.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-01-31 - Referred to Rules Committee [HB1235 Detail]

Download: Illinois-2023-HB1235-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1235 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED:
765 ILCS 605/19 from Ch. 30, par. 319
Amends the Condominium Property Act. Allows a member of a condominium association to decline to provide information regarding the member's name, address, email address, telephone number, and weighted vote in order to prevent such information from being used for a commercial purpose.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Condominium Property Act is amended by
changing Section 19 as follows:
(765 ILCS 605/19) (from Ch. 30, par. 319)
Sec. 19. Records of the association; availability for
examination.
(a) The board of managers of every association shall keep
and maintain the following records, or true and complete
copies of these records, at the association's principal
office:
(1) the association's declaration, bylaws, and plats
of survey, and all amendments of these;
(2) the rules and regulations of the association, if
any;
(3) if the association is incorporated as a
corporation, the articles of incorporation of the
association and all amendments to the articles of
incorporation;
(4) minutes of all meetings of the association and its
board of managers for the immediately preceding 7 years;
(5) all current policies of insurance of the

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association;
(6) all contracts, leases, and other agreements then
in effect to which the association is a party or under
which the association or the unit owners have obligations
or liabilities;
(7) a current listing of the names, addresses, email
addresses, telephone numbers, and weighted vote of all
members entitled to vote; however, a member may decline to
provide such information in order to prevent the
information from being used for a commercial purpose;
(8) ballots and proxies related to ballots for all
matters voted on by the members of the association during
the immediately preceding 12 months, including, but not
limited to, the election of members of the board of
managers;
(9) the books and records for the association's
current and 10 immediately preceding fiscal years,
including, but not limited to, itemized and detailed
records of all receipts, expenditures, and accounts; and
(10) any reserve study.
(b) Any member of an association shall have the right to
inspect, examine, and make copies of the records described in
subdivisions (1), (2), (3), (4), (5), (6), (9), and (10) of
subsection (a) of this Section, in person or by agent, at any
reasonable time or times, at the association's principal
office. In order to exercise this right, a member must submit a

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written request to the association's board of managers or its
authorized agent, stating with particularity the records
sought to be examined. Failure of an association's board of
managers to make available all records so requested within 10
business days of receipt of the member's written request shall
be deemed a denial.
Any member who prevails in an enforcement action to compel
examination of records described in subdivisions (1), (2),
(3), (4), (5), (6), (9), and (10) of subsection (a) of this
Section shall be entitled to recover reasonable attorney's
fees and costs from the association.
(c) (Blank).
(d) (Blank).
(d-5) As used in this Section, "commercial purpose" means
the use of any part of a record or records described in
subdivisions (7) and (8) of subsection (a) of this Section, or
information derived from such records, in any form for sale,
resale, or solicitation or advertisement for sales or
services.
(e) Except as otherwise provided in subsection (g) of this
Section, any member of an association shall have the right to
inspect, examine, and make copies of the records described in
subdivisions (7) and (8) of subsection (a) of this Section, in
person or by agent, at any reasonable time or times but only
for a purpose that relates to the association, at the
association's principal office. In order to exercise this

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right, a member must submit a written request, to the
association's board of managers or its authorized agent,
stating with particularity the records sought to be examined.
As a condition for exercising this right, the board of
managers or authorized agent of the association may require
the member to certify in writing that the information
contained in the records obtained by the member will not be
used by the member for any commercial purpose or for any
purpose that does not relate to the association. The board of
managers of the association may impose a fine in accordance
with item (l) of Section 18.4 upon any person who makes a false
certification. Subject to the provisions of subsection (g) of
this Section, failure of an association's board of managers to
make available all records so requested within 10 business
days of receipt of the member's written request shall be
deemed a denial; provided, however, that the board of managers
of an association that has adopted a secret ballot election
process as provided in Section 18 of this Act shall not be
deemed to have denied a member's request for records described
in subdivision (8) of subsection (a) of this Section if voting
ballots, without identifying unit numbers, are made available
to the requesting member within 10 business days of receipt of
the member's written request.
Any member who prevails in an enforcement action to compel
examination of records described in subdivision (7) or (8) of
subsection (a) of this Section shall be entitled to recover

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reasonable attorney's fees and costs from the association only
if the court finds that the board of directors acted in bad
faith in denying the member's request.
(f) The actual cost to the association of retrieving and
making requested records available for inspection and
examination under this Section may be charged by the
association to the requesting member. If a member requests
copies of records requested under this Section, the actual
costs to the association of reproducing the records may also
be charged by the association to the requesting member.
(g) Notwithstanding the provisions of subsection (e) of
this Section, unless otherwise directed by court order, an
association need not make the following records available for
inspection, examination, or copying by its members:
(1) documents relating to appointment, employment,
discipline, or dismissal of association employees;
(2) documents relating to actions pending against or
on behalf of the association or its board of managers in a
court or administrative tribunal;
(3) documents relating to actions threatened against,
or likely to be asserted on behalf of, the association or
its board of managers in a court or administrative
tribunal;
(4) documents relating to common expenses or other
charges owed by a member other than the requesting member;
and

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(5) documents provided to an association in connection
with the lease, sale, or other transfer of a unit by a
member other than the requesting member.
(h) The provisions of this Section are applicable to all
condominium instruments recorded under this Act. Any portion
of a condominium instrument that contains provisions contrary
to these provisions shall be void as against public policy and
ineffective. Any condominium instrument that fails to contain
the provisions required by this Section shall be deemed to
incorporate the provisions by operation of law.
(Source: P.A. 102-921, eff. 5-27-22.)