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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4816 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
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765 ILCS 605/19 | from Ch. 30, par. 319 |
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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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| | HB4816 | | LRB100 16768 HEP 32684 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Condominium Property Act is amended by |
| 5 | | changing Section 19 as follows:
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| 6 | | (765 ILCS 605/19) (from Ch. 30, par. 319)
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| 7 | | Sec. 19. Records of the association; availability for |
| 8 | | examination.
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| 9 | | (a) The board of managers of every association shall keep |
| 10 | | and maintain the
following records, or true and complete copies |
| 11 | | of these records, at the
association's principal office:
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| 12 | | (1) the association's declaration, bylaws, and plats |
| 13 | | of survey, and all
amendments of these;
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| 14 | | (2) the rules and regulations of the association, if |
| 15 | | any;
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| 16 | | (3) if the association is incorporated as a |
| 17 | | corporation, the articles
of incorporation of the |
| 18 | | association and all amendments to the articles of
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| 19 | | incorporation;
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| 20 | | (4) minutes of all meetings of the association and its |
| 21 | | board of managers
for the immediately preceding 7 years;
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| 22 | | (5) all current policies of insurance of the |
| 23 | | association;
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| 1 | | (6) all contracts, leases, and other agreements then in |
| 2 | | effect to which
the association is a party or under which |
| 3 | | the association or the unit owners
have obligations or |
| 4 | | liabilities;
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| 5 | | (7) a current listing of the names, addresses, email |
| 6 | | addresses, telephone numbers, and weighted vote of all
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| 7 | | members entitled to vote;
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| 8 | | (8) ballots and proxies related to ballots for all |
| 9 | | matters voted on by
the members of the association during |
| 10 | | the immediately preceding 12 months,
including, but not |
| 11 | | limited to, the election of members of the board of |
| 12 | | managers;
and
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| 13 | | (9) the books and records for the association's current |
| 14 | | and 10
immediately preceding fiscal years, including, but |
| 15 | | not limited to, itemized and
detailed records of all |
| 16 | | receipts, expenditures, and accounts.
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| 17 | | (b) Any member of an association shall have the right to |
| 18 | | inspect, examine,
and make copies of the records described in |
| 19 | | subdivisions (1), (2), (3), (4),
(5), (6), and (9) of |
| 20 | | subsection (a) of this Section, in person or by agent, at any
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| 21 | | reasonable time or times, at the association's principal |
| 22 | | office. In order
to exercise this right, a member must submit a |
| 23 | | written request to the
association's board of managers or its |
| 24 | | authorized agent, stating with
particularity the records |
| 25 | | sought to be examined. Failure of an association's
board of |
| 26 | | managers to make available all records so requested within 10 |
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| 1 | | business days of
receipt of the member's written request shall |
| 2 | | be deemed a denial.
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| 3 | | Any member who prevails in an enforcement action to compel |
| 4 | | examination of
records described in subdivisions (1), (2), (3), |
| 5 | | (4), (5), (6), and (9) of subsection (a)
of this Section shall |
| 6 | | be entitled to recover reasonable attorney's fees and
costs |
| 7 | | from the association.
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| 8 | | (c) (Blank).
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| 9 | | (d) (Blank).
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| 10 | | (d-5) As used in this Section, "commercial purpose" means |
| 11 | | the use of any part of a record or records described in |
| 12 | | subdivisions (7) and (8) of subsection (a) of this Section, or |
| 13 | | information derived from such records, in any form for sale, |
| 14 | | resale, or solicitation or advertisement for sales or services. |
| 15 | | (e) Except as otherwise provided in subsection (g) of this
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| 16 | | Section, any member of an association shall have the right to |
| 17 | | inspect, examine,
and make copies of the records described in |
| 18 | | subdivisions (7) and (8) of subsection (a) of this Section, in |
| 19 | | person or by agent, at any reasonable
time or times but only |
| 20 | | for a purpose that relates to the association, at the |
| 21 | | association's principal
office. In order to exercise this |
| 22 | | right, a member must submit a written
request, to the |
| 23 | | association's board of managers or its authorized agent,
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| 24 | | stating with particularity the records sought to be examined. |
| 25 | | As a condition for exercising this right, the board of managers |
| 26 | | or authorized agent of the association may require the member |
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| 1 | | to certify in writing that the information contained in the |
| 2 | | records obtained by the member will not be used by the member |
| 3 | | for any commercial purpose or for any purpose that does not |
| 4 | | relate to the association. The board of managers of the |
| 5 | | association may impose a fine in accordance with item (l) of |
| 6 | | Section 18.4 upon any person who makes a false certification. |
| 7 | | Subject to the provisions of subsection (g) of this Section, |
| 8 | | failure of an association's board of managers to make
available |
| 9 | | all records so requested within 10 business days of receipt of |
| 10 | | the
member's written request shall be deemed a denial; |
| 11 | | provided, however, that the
board of managers of an association |
| 12 | | that has adopted a secret ballot election
process as provided |
| 13 | | in Section 18 of this Act shall not be deemed to have
denied a |
| 14 | | member's request for records described in subdivision (8) of
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| 15 | | subsection (a) of this Section if voting ballots, without |
| 16 | | identifying unit
numbers, are made available to the requesting |
| 17 | | member within 10 business days of receipt
of the member's |
| 18 | | written request.
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| 19 | | Any member who prevails in an enforcement action to compel
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| 20 | | examination of records described in subdivision subdivisions |
| 21 | | (7) or (8) of
subsection (a) of this Section shall be entitled |
| 22 | | to recover reasonable
attorney's fees and costs from the |
| 23 | | association only if the court finds that
the board of directors |
| 24 | | acted in bad faith in denying the member's request.
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| 25 | | (f) The actual cost to the association of retrieving and |
| 26 | | making requested
records available for inspection and |
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| 1 | | examination under this Section may be
charged by the |
| 2 | | association to the requesting member. If a member requests
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| 3 | | copies of records requested under this Section, the actual |
| 4 | | costs to the
association of reproducing the records may also be |
| 5 | | charged by the association
to the requesting member.
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| 6 | | (g) Notwithstanding the provisions of subsection (e) of |
| 7 | | this Section, unless
otherwise directed by court order, an |
| 8 | | association need not make the following
records available for |
| 9 | | inspection, examination, or copying by its members:
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| 10 | | (1) documents relating to appointment, employment, |
| 11 | | discipline, or
dismissal of association employees;
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| 12 | | (2) documents relating to actions pending against or on |
| 13 | | behalf of the
association or its board of managers in a |
| 14 | | court or administrative tribunal;
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| 15 | | (3) documents relating to actions threatened against, |
| 16 | | or likely to be
asserted on behalf of, the association or |
| 17 | | its board of managers in a court or
administrative |
| 18 | | tribunal;
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| 19 | | (4) documents relating to common expenses or other |
| 20 | | charges owed by a
member other than the requesting member; |
| 21 | | and
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| 22 | | (5) documents provided to an association in connection |
| 23 | | with the lease,
sale, or other transfer of a unit by a |
| 24 | | member other than the requesting member. |
| 25 | | (g-5) The board of managers of an association or any person |
| 26 | | who obtains information under this Act shall not sell or |
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| 1 | | distribute the information collected under paragraph (7) of |
| 2 | | subsection (a) to any commercial or other entity not related to |
| 3 | | the condominium association. The information collected under |
| 4 | | paragraph (7) of subsection (a) may be used only for matters |
| 5 | | related to the condominium association.
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| 6 | | (h) The provisions of this Section are applicable to all |
| 7 | | condominium
instruments recorded under this Act. Any portion of |
| 8 | | a condominium instrument
that contains provisions contrary to |
| 9 | | these provisions shall be void as against
public policy and |
| 10 | | ineffective. Any condominium instrument that fails to
contain |
| 11 | | the provisions required by this Section shall be deemed to |
| 12 | | incorporate
the provisions by operation of law.
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| 13 | | (Source: P.A. 100-292, eff. 1-1-18; revised 10-6-17.)
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| 14 | | Section 99. Effective date. This Act takes effect upon |
| 15 | | becoming law.
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