Bill Text: IL HB4816 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Condominium Property Act. Provides that the board of managers of an association or any person who obtains information under the Act shall not sell or distribute the names, addresses, email addresses, telephone numbers, and weighted vote of members entitled to vote to any commercial or other entity not related to the condominium association. Provides that the information may be used only for matters related to the condominium association. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4816 Detail]

Download: Illinois-2017-HB4816-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4816 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
765 ILCS 605/19 from Ch. 30, par. 319
Amends the Condominium Property Act. Provides that the board of managers of an association or any person who obtains information under the Act shall not sell or distribute the names, addresses, email addresses, telephone numbers, and weighted vote of members entitled to vote to any commercial or other entity not related to the condominium association. Provides that the information may be used only for matters related to the condominium association. Effective immediately.
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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
association;

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(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;
(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; and
(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.
(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), and (9) 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
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

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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), and (9) 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
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

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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 subdivisions
(7) or (8) of subsection (a) of this Section shall be entitled
to recover 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

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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
(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.
(g-5) The board of managers of an association or any person
who obtains information under this Act shall not sell or

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distribute the information collected under paragraph (7) of
subsection (a) to any commercial or other entity not related to
the condominium association. The information collected under
paragraph (7) of subsection (a) may be used only for matters
related to the condominium association.
(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. 100-292, eff. 1-1-18; revised 10-6-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.