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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 Common Interest Community Association Act | |||||||||||||||||||||||||||
5 | is amended by changing Sections 1-15 and 1-30 as follows:
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6 | (765 ILCS 160/1-15) | |||||||||||||||||||||||||||
7 | Sec. 1-15. Construction, interpretation, and validity of | |||||||||||||||||||||||||||
8 | community instruments. | |||||||||||||||||||||||||||
9 | (a) Except to the extent otherwise provided by the | |||||||||||||||||||||||||||
10 | declaration or other community instruments, the terms defined | |||||||||||||||||||||||||||
11 | in Section 1-5 of this Act shall be deemed to have the meaning | |||||||||||||||||||||||||||
12 | specified therein unless the context otherwise requires. | |||||||||||||||||||||||||||
13 | (b) (Blank). | |||||||||||||||||||||||||||
14 | (c) A provision in the declaration limiting ownership, | |||||||||||||||||||||||||||
15 | rental, or occupancy of a unit to a person 55 years of age or | |||||||||||||||||||||||||||
16 | older shall be valid and deemed not to be in violation of | |||||||||||||||||||||||||||
17 | Article 3 of the Illinois Human Rights Act provided that the | |||||||||||||||||||||||||||
18 | person or the immediate family of a person owning, renting, or | |||||||||||||||||||||||||||
19 | lawfully occupying such unit prior to the recording of the | |||||||||||||||||||||||||||
20 | initial declaration shall not be deemed to be in violation of | |||||||||||||||||||||||||||
21 | such age restriction so long as they continue to own or reside | |||||||||||||||||||||||||||
22 | in such unit.
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23 | (d) Every common interest community association shall |
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1 | define a member and its relationship to the units or unit | ||||||
2 | owners in its community instruments. | ||||||
3 | (e) The declaration and other community instruments shall | ||||||
4 | be filed with the village hall, town hall, or city hall of the | ||||||
5 | village, town, or city in which the association is located and | ||||||
6 | posted on the website of the association. Any and all | ||||||
7 | amendments of revisions to the declaration and other community | ||||||
8 | instruments shall be fixed and posted within 30 days of being | ||||||
9 | made. | ||||||
10 | (f) Community instruments shall be valid upon filing with | ||||||
11 | the appropriate village hall, town hall, or city hall. | ||||||
12 | (g) In relation to the initial sale or offering for sale of | ||||||
13 | any property, the seller must make full disclosure of, and | ||||||
14 | provide copies to the prospective buyer of, the recorded | ||||||
15 | declaration, other community instruments, other duly recorded | ||||||
16 | covenants and bylaws, and any amendments, articles of | ||||||
17 | incorporation, articles of organization, annual reports, and | ||||||
18 | any rules and regulations adopted by the board. | ||||||
19 | (Source: P.A. 99-472, eff. 6-1-16 .)
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20 | (765 ILCS 160/1-30)
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21 | Sec. 1-30. Board duties and obligations; records. | ||||||
22 | (a) The board shall meet at least 4 times annually. | ||||||
23 | (b) A common interest community association may not enter | ||||||
24 | into a contract with a current board member, or with a | ||||||
25 | corporation, limited liability company, or partnership in |
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1 | which a board member or a member of his or her immediate family | ||||||
2 | has 25% or more interest, unless notice of intent to enter into | ||||||
3 | the contract is given to members within 20 days after a | ||||||
4 | decision is made to enter into the contract and the members are | ||||||
5 | afforded an opportunity by filing a petition, signed by 20% of | ||||||
6 | the membership, for an election to approve or disapprove the | ||||||
7 | contract; such petition shall be filed within 20 days after | ||||||
8 | such notice and such election shall be held within 30 days | ||||||
9 | after filing the petition. For purposes of this subsection, a | ||||||
10 | board member's immediate family means the board member's | ||||||
11 | spouse, parents, siblings, and children. | ||||||
12 | (c) The bylaws or operating agreement shall provide for | ||||||
13 | the maintenance, repair, and replacement of the common areas | ||||||
14 | and payments therefor, including the method of approving | ||||||
15 | payment vouchers. | ||||||
16 | (d) (Blank). | ||||||
17 | (e) The association may engage the services of a manager | ||||||
18 | or management company. | ||||||
19 | (f) The association shall have one class of membership | ||||||
20 | unless the declaration, bylaws, or operating agreement provide | ||||||
21 | otherwise; however, this subsection (f) shall not be construed | ||||||
22 | to limit the operation of subsection (c) of Section 1-20 of | ||||||
23 | this Act. | ||||||
24 | (g) The board shall have the power, after notice and an | ||||||
25 | opportunity to be heard, to levy and collect reasonable fines | ||||||
26 | from members or unit owners for violations of the declaration, |
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1 | bylaws, operating agreement, and rules and regulations of the | ||||||
2 | common interest community association. | ||||||
3 | (h) Other than attorney's fees and court or arbitration | ||||||
4 | costs, no fees pertaining to the collection of a member's or | ||||||
5 | unit owner's financial obligation to the association, | ||||||
6 | including fees charged by a manager or managing agent, shall | ||||||
7 | be added to and deemed a part of a member's or unit owner's | ||||||
8 | respective share of the common expenses unless: (i) the | ||||||
9 | managing agent fees relate to the costs to collect common | ||||||
10 | expenses for the association; (ii) the fees are set forth in a | ||||||
11 | contract between the managing agent and the association; and | ||||||
12 | (iii) the authority to add the management fees to a member's or | ||||||
13 | unit owner's respective share of the common expenses is | ||||||
14 | specifically stated in the declaration, bylaws, or operating | ||||||
15 | agreement of the association. | ||||||
16 | (i) Board records. | ||||||
17 | (1) The board shall maintain , file with the village | ||||||
18 | hall, town hall, or city hall of the village, town, or city | ||||||
19 | in which the association is located, and post on the | ||||||
20 | association's website the following records , including any | ||||||
21 | amendments or revisions, of the association and make them | ||||||
22 | available for examination and copying at convenient hours | ||||||
23 | of weekdays by any member or unit owner in a common | ||||||
24 | interest community subject to the authority of the board, | ||||||
25 | their mortgagees, and their duly authorized agents or | ||||||
26 | attorneys: |
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1 | (i) Copies of the recorded declaration, other | ||||||
2 | community instruments, other duly recorded covenants | ||||||
3 | and bylaws and any amendments, articles of | ||||||
4 | incorporation, articles of organization, annual | ||||||
5 | reports, and any rules and regulations adopted by the | ||||||
6 | board shall be available. Prior to the organization of | ||||||
7 | the board, the developer shall maintain and make | ||||||
8 | available the records set forth in this paragraph (i) | ||||||
9 | for examination and copying. | ||||||
10 | (ii) Detailed and accurate records in | ||||||
11 | chronological order of the receipts and expenditures | ||||||
12 | affecting the common areas, specifying and itemizing | ||||||
13 | the maintenance and repair expenses of the common | ||||||
14 | areas and any other expenses incurred, and copies of | ||||||
15 | all contracts, leases, or other agreements entered | ||||||
16 | into by the board shall be maintained. | ||||||
17 | (iii) The minutes of all meetings of the board | ||||||
18 | which shall be maintained for not less than 7 years. | ||||||
19 | (iv) With a written statement of a proper purpose, | ||||||
20 | ballots and proxies related thereto, if any, for any | ||||||
21 | election held for the board and for any other matters | ||||||
22 | voted on by the members, which shall be maintained for | ||||||
23 | not less than one year. | ||||||
24 | (v) With a written statement of a proper purpose, | ||||||
25 | such other records of the board as are available for | ||||||
26 | inspection by members of a not-for-profit corporation |
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1 | pursuant to Section 107.75 of the General Not For | ||||||
2 | Profit Corporation Act of 1986 shall be maintained. | ||||||
3 | (vi) With respect to units owned by a land trust, a | ||||||
4 | living trust, or other legal entity, the trustee, | ||||||
5 | officer, or manager of the entity may designate, in | ||||||
6 | writing, a person to cast votes on behalf of the member | ||||||
7 | or unit owner and a designation shall remain in effect | ||||||
8 | until a subsequent document is filed with the | ||||||
9 | association. | ||||||
10 | (vii) Any reserve study. | ||||||
11 | (viii) An accurate record of its members. Such | ||||||
12 | records shall be posted on the board's website. Any | ||||||
13 | changes to the board's members shall be reflected in | ||||||
14 | the records within 30 days of the change. | ||||||
15 | (2) Where a request for records under this subsection | ||||||
16 | is made in writing to the board or its agent, failure to | ||||||
17 | provide the requested record or to respond within 30 days | ||||||
18 | shall be deemed a denial by the board. | ||||||
19 | (3) A reasonable fee may be charged by the board for | ||||||
20 | the cost of retrieving and copying records properly | ||||||
21 | requested. | ||||||
22 | (4) If the board fails to provide records properly | ||||||
23 | requested under paragraph (1) of this subsection (i) | ||||||
24 | within the time period provided in that paragraph (1), the | ||||||
25 | member may seek appropriate relief and shall be entitled | ||||||
26 | to an award of reasonable attorney's fees and costs if the |
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1 | member prevails and the court finds that such failure is | ||||||
2 | due to the acts or omissions of the board of managers or | ||||||
3 | the board of directors. | ||||||
4 | (j) The board shall have standing and capacity to act in a | ||||||
5 | representative capacity in relation to matters involving the | ||||||
6 | common areas or more than one unit, on behalf of the members or | ||||||
7 | unit owners as their interests may appear.
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8 | (Source: P.A. 102-921, eff. 5-27-22.)
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9 | Section 10. The Condominium Property Act is amended by | ||||||
10 | changing Sections 4.1, 18.4, and 19 as follows:
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11 | (765 ILCS 605/4.1) (from Ch. 30, par. 304.1)
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12 | Sec. 4.1.
Construction, interpretation, and validity of | ||||||
13 | Condominium
Instruments.
| ||||||
14 | (a) Except to the extent otherwise provided by the | ||||||
15 | declaration or other
condominium instruments:
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16 | (1) The terms defined in Section 2 of this Act shall be | ||||||
17 | deemed to have
the meaning specified therein unless the | ||||||
18 | context otherwise requires.
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19 | (2) To the extent that perimeter and partition walls, | ||||||
20 | floors or ceilings
are designated as the boundaries of the | ||||||
21 | units or of any specified units,
all decorating, wall and | ||||||
22 | floor coverings, paneling, molding, tiles, wallpaper,
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23 | paint, finished flooring and any other materials | ||||||
24 | constituting any part of
the finished surfaces thereof, |
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1 | shall be deemed a part of such units, while
all other | ||||||
2 | portions of such walls, floors or ceilings and all | ||||||
3 | portions of
perimeter doors and all portions of windows in | ||||||
4 | perimeter walls shall be
deemed part
of the common | ||||||
5 | elements.
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6 | (3) If any chutes, flues, ducts, conduits, wires, | ||||||
7 | bearing walls, bearing
columns, or any other apparatus | ||||||
8 | lies partially within and partially outside
of the | ||||||
9 | designated boundaries of a unit, any portions thereof | ||||||
10 | serving only
that unit shall be deemed a part of that unit, | ||||||
11 | while any portions thereof
serving more than one unit or | ||||||
12 | any portion of the common elements shall be
deemed a part | ||||||
13 | of the common elements.
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14 | (4) Subject to the provisions of paragraph (3) of | ||||||
15 | subsection (a), all
space and other fixtures and | ||||||
16 | improvements within the boundaries of a unit
shall be | ||||||
17 | deemed a part of that unit.
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18 | (5) Any shutters, awnings, window boxes, doorsteps, | ||||||
19 | porches, balconies,
patios, perimeter doors, windows in | ||||||
20 | perimeter walls, and any other
apparatus
designed to serve | ||||||
21 | a single unit shall be
deemed a limited common element | ||||||
22 | appertaining to that unit exclusively.
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23 | (6) All provisions of the declaration, bylaws and | ||||||
24 | other condominium
instruments are severable.
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25 | (b) Except to the extent otherwise provided by the | ||||||
26 | declaration or by
other condominium instruments recorded prior |
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1 | to the effective date of this
amendatory Act of 1984, in the | ||||||
2 | event of a conflict between the provisions
of the declaration
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3 | and the bylaws or other condominium instruments, the | ||||||
4 | declaration prevails
except to the extent the declaration
is | ||||||
5 | inconsistent with this Act.
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6 | (c) A provision in the initial declaration limiting | ||||||
7 | ownership, rental
or occupancy of a condominium unit to a
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8 | person 55 years of age or older shall be valid and deemed not | ||||||
9 | to be in
violation of Article 3 of the Illinois Human Rights | ||||||
10 | Act provided that
the person or the immediate
family of a | ||||||
11 | person owning, renting or lawfully occupying such unit prior
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12 | to the recording of
the initial declaration shall not be | ||||||
13 | deemed to be in
violation of such age restriction so long as | ||||||
14 | they continue to own or reside
in such unit. | ||||||
15 | (d) The declaration and other condominium instruments | ||||||
16 | shall be filed with the village hall, town hall, or city hall | ||||||
17 | of the village, town, or city in which the association is | ||||||
18 | located and posted on the website of the association. Any and | ||||||
19 | all amendments or revisions to the declaration or other | ||||||
20 | condominium instruments must be filed and posted within 30 | ||||||
21 | days of being made. | ||||||
22 | (e) Condominium instruments shall be valid upon filing | ||||||
23 | with the village hall, town hall, or city hall.
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24 | (Source: P.A. 89-41, eff. 6-23-95.)
| ||||||
25 | (765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
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1 | Sec. 18.4. Powers and duties of board of managers. The | ||||||
2 | board of
managers shall exercise for the association all | ||||||
3 | powers, duties and
authority vested in the association by law | ||||||
4 | or the condominium instruments
except for such powers, duties | ||||||
5 | and authority reserved by law to the members
of the | ||||||
6 | association. The powers and duties of the board of managers | ||||||
7 | shall
include, but shall not be limited to, the following:
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8 | (a) To provide for the operation, care, upkeep, | ||||||
9 | maintenance,
replacement and improvement of the common | ||||||
10 | elements. Nothing
in
this subsection (a) shall be deemed | ||||||
11 | to invalidate any provision in a
condominium instrument | ||||||
12 | placing limits on expenditures for the common elements, | ||||||
13 | provided, that such
limits shall not be applicable to | ||||||
14 | expenditures for repair, replacement, or
restoration of | ||||||
15 | existing portions of the common elements. The
term | ||||||
16 | "repair, replacement or restoration" means expenditures to | ||||||
17 | deteriorated or
damaged portions of the property related | ||||||
18 | to the existing decorating,
facilities, or structural or | ||||||
19 | mechanical components, interior or exterior
surfaces, or | ||||||
20 | energy systems and equipment with the functional | ||||||
21 | equivalent of the
original portions of such areas. | ||||||
22 | Replacement of the common elements may
result in an | ||||||
23 | improvement over the original quality of such elements or
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24 | facilities; provided that, unless the improvement is | ||||||
25 | mandated by law or is an
emergency as defined in item (iv) | ||||||
26 | of subparagraph (8) of paragraph (a) of
Section 18, if the |
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1 | improvement results in a proposed expenditure
exceeding 5% | ||||||
2 | of the annual budget, the board of managers, upon written | ||||||
3 | petition
by unit owners with 20% of the votes of the | ||||||
4 | association delivered to the board
within 21 days of the | ||||||
5 | board action to approve the expenditure, shall call a
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6 | meeting of the unit owners within 30 days of the date of | ||||||
7 | delivery of the
petition to consider the expenditure. | ||||||
8 | Unless a majority of the total votes of
the unit owners are | ||||||
9 | cast at the meeting to reject the expenditure, it is
| ||||||
10 | ratified.
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11 | (b) To prepare, adopt and distribute the annual budget | ||||||
12 | for the property.
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13 | (c) To levy and expend assessments.
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14 | (d) To collect assessments from unit
owners.
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15 | (e) To provide for the employment and dismissal of the | ||||||
16 | personnel
necessary or advisable for the maintenance and | ||||||
17 | operation of the common
elements.
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18 | (f) To obtain adequate and appropriate kinds of
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19 | insurance.
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20 | (g) To own, convey, encumber, lease, and otherwise | ||||||
21 | deal with units
conveyed to or purchased by it.
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22 | (h) To adopt and amend rules and regulations covering | ||||||
23 | the details of
the operation and use of the property, | ||||||
24 | after a meeting of the unit owners
called for the specific | ||||||
25 | purpose of discussing the proposed rules and
regulations. | ||||||
26 | Notice of the meeting shall contain the full text of the
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1 | proposed rules and regulations, and the meeting shall | ||||||
2 | conform to the
requirements of Section 18(b) of this Act, | ||||||
3 | except that no quorum is
required at the meeting of the | ||||||
4 | unit owners unless the declaration, bylaws
or other | ||||||
5 | condominium instrument expressly provides to the contrary.
| ||||||
6 | However, no rule or regulation may impair any rights | ||||||
7 | guaranteed by the
First Amendment to the Constitution of | ||||||
8 | the United States or Section 4 of
Article I of the Illinois | ||||||
9 | Constitution including, but not limited to, the free | ||||||
10 | exercise of religion, nor may any rules or regulations
| ||||||
11 | conflict with the provisions of this Act or the | ||||||
12 | condominium instruments. No rule or regulation shall | ||||||
13 | prohibit any reasonable accommodation for religious | ||||||
14 | practices, including the attachment of religiously | ||||||
15 | mandated objects to the front-door area of a condominium | ||||||
16 | unit.
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17 | (i) To keep detailed, accurate records of the receipts | ||||||
18 | and
expenditures affecting the use and operation of the | ||||||
19 | property.
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20 | (j) To have access to each unit from time to time as | ||||||
21 | may be necessary
for the maintenance, repair or | ||||||
22 | replacement of any common elements or for
making emergency | ||||||
23 | repairs necessary to prevent damage to the common elements
| ||||||
24 | or to other units.
| ||||||
25 | (k) To pay real property taxes, special assessments, | ||||||
26 | and any other
special taxes or charges of the State of |
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| |||||||
1 | Illinois or of any political
subdivision thereof, or other | ||||||
2 | lawful taxing or assessing body, which are
authorized by | ||||||
3 | law to be assessed and levied upon the real property of the
| ||||||
4 | condominium.
| ||||||
5 | (l) To impose charges for late payment of a unit | ||||||
6 | owner's proportionate
share of the common expenses, or any | ||||||
7 | other expenses lawfully agreed upon,
and after notice and | ||||||
8 | an opportunity to be heard, to levy reasonable fines
for | ||||||
9 | violation of the declaration, by-laws, and rules and | ||||||
10 | regulations of
the association.
| ||||||
11 | (m) By a majority vote of the entire board of | ||||||
12 | managers, to assign the
right of the association to future | ||||||
13 | income from common expenses or other
sources, and to | ||||||
14 | mortgage or pledge substantially all of the remaining
| ||||||
15 | assets of the association.
| ||||||
16 | (n) To record the dedication of a portion of the | ||||||
17 | common elements
to a public body for use as, or in | ||||||
18 | connection with, a street or utility
where authorized by | ||||||
19 | the unit owners under the provisions of Section 14.2.
| ||||||
20 | (o) To record the granting of an easement for the | ||||||
21 | laying of cable
television or high speed Internet cable | ||||||
22 | where authorized by the unit owners under the provisions
| ||||||
23 | of Section 14.3; to obtain, if available and determined by | ||||||
24 | the board to be in
the best interests of the association, | ||||||
25 | cable television
or bulk high speed Internet service for | ||||||
26 | all of the units of the condominium on a bulk
identical |
| |||||||
| |||||||
1 | service and equal cost per unit basis; and to assess and | ||||||
2 | recover the
expense as a common expense and, if so | ||||||
3 | determined by the board, to assess each
and every unit on | ||||||
4 | the same equal cost per unit basis.
| ||||||
5 | (p) To seek relief on behalf of all unit owners when | ||||||
6 | authorized
pursuant to subsection (c) of Section 10 from | ||||||
7 | or in connection with the
assessment or levying of real | ||||||
8 | property taxes, special assessments, and any
other special | ||||||
9 | taxes or charges of the State of Illinois or of any | ||||||
10 | political
subdivision thereof or of any lawful taxing or | ||||||
11 | assessing body.
| ||||||
12 | (q) To reasonably accommodate the needs of a unit | ||||||
13 | owner who is a person with a disability
as required by the | ||||||
14 | federal Civil Rights Act of 1968, the Human Rights Act
and | ||||||
15 | any applicable local ordinances in the exercise of its | ||||||
16 | powers with
respect to the use of common elements or | ||||||
17 | approval of modifications in an
individual unit.
| ||||||
18 | (r) To accept service of a notice of claim for | ||||||
19 | purposes of the Mechanics Lien Act on behalf of each | ||||||
20 | respective member of the Unit Owners' Association with | ||||||
21 | respect to improvements performed pursuant to any contract | ||||||
22 | entered into by the Board of Managers or any contract | ||||||
23 | entered into prior to the recording of the condominium | ||||||
24 | declaration pursuant to this Act, for a property | ||||||
25 | containing more than 8 units, and to distribute the notice | ||||||
26 | to the unit owners within 7 days of the acceptance of the |
| |||||||
| |||||||
1 | service by the Board of Managers. The service shall be | ||||||
2 | effective as if each individual unit owner had been served | ||||||
3 | individually with notice.
| ||||||
4 | (s) To adopt and amend rules and regulations (l) | ||||||
5 | authorizing electronic delivery of notices and other | ||||||
6 | communications required or contemplated by this Act to | ||||||
7 | each unit owner who provides the association with written | ||||||
8 | authorization for electronic delivery and an electronic | ||||||
9 | address to which such communications are to be | ||||||
10 | electronically transmitted; and (2) authorizing each unit | ||||||
11 | owner to designate an electronic address or a U.S. Postal | ||||||
12 | Service address, or both, as the unit owner's address on | ||||||
13 | any list of members or unit owners which an association is | ||||||
14 | required to provide upon request pursuant to any provision | ||||||
15 | of this Act or any condominium instrument. | ||||||
16 | (t) To maintain an accurate record of its members and | ||||||
17 | post such records on its website. Any changes to the | ||||||
18 | board's members shall be reflected in the record within 30 | ||||||
19 | days of the change. | ||||||
20 | In the performance of their duties, the officers and | ||||||
21 | members of the board,
whether appointed by the developer or | ||||||
22 | elected by the unit owners, shall
exercise the care required | ||||||
23 | of a fiduciary of the unit owners.
| ||||||
24 | The collection of assessments from unit owners by an | ||||||
25 | association, board
of managers or their duly authorized agents | ||||||
26 | shall not be considered acts
constituting a collection agency |
| |||||||
| |||||||
1 | for purposes of the Collection Agency Act.
| ||||||
2 | The provisions of this Section are
applicable to all | ||||||
3 | condominium instruments recorded under this Act. Any
portion | ||||||
4 | of a condominium instrument which contains provisions contrary | ||||||
5 | to
these provisions shall be void as against public policy and | ||||||
6 | ineffective.
Any such instrument that fails to contain the | ||||||
7 | provisions required by this
Section shall be deemed to | ||||||
8 | incorporate such provisions by operation of law.
| ||||||
9 | (Source: P.A. 99-143, eff. 7-27-15; 99-849, eff. 1-1-17; | ||||||
10 | 100-292, eff. 1-1-18 .)
| ||||||
11 | (765 ILCS 605/19) (from Ch. 30, par. 319)
| ||||||
12 | Sec. 19. Records of the association; availability for | ||||||
13 | examination.
| ||||||
14 | (a) The board of managers of every association shall file | ||||||
15 | with the village hall, town hall, or city hall of the village, | ||||||
16 | town, or city in which the association is located, post on the | ||||||
17 | association's website, and keep and maintain the
following | ||||||
18 | records, including any amendments or revisions, or true and | ||||||
19 | complete copies of these records, at the
association's | ||||||
20 | principal office:
| ||||||
21 | (1) the association's declaration, bylaws, and plats | ||||||
22 | of survey, and all
amendments of these;
| ||||||
23 | (2) the rules and regulations of the association, if | ||||||
24 | any;
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25 | (3) if the association is incorporated as a |
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1 | corporation, the articles
of incorporation of the | ||||||
2 | association and all amendments to the articles of
| ||||||
3 | incorporation;
| ||||||
4 | (4) minutes of all meetings of the association and its | ||||||
5 | board of managers
for the immediately preceding 7 years;
| ||||||
6 | (5) all current policies of insurance of the | ||||||
7 | association;
| ||||||
8 | (6) all contracts, leases, and other agreements then | ||||||
9 | in effect to which
the association is a party or under | ||||||
10 | which the association or the unit owners
have obligations | ||||||
11 | or liabilities;
| ||||||
12 | (7) a current listing of the names, addresses, email | ||||||
13 | addresses, telephone numbers, and weighted vote of all
| ||||||
14 | members entitled to vote;
| ||||||
15 | (8) ballots and proxies related to ballots for all | ||||||
16 | matters voted on by
the members of the association during | ||||||
17 | the immediately preceding 12 months,
including, but not | ||||||
18 | limited to, the election of members of the board of | ||||||
19 | managers;
| ||||||
20 | (9) the books and records for the association's | ||||||
21 | current and 10
immediately preceding fiscal years, | ||||||
22 | including, but not limited to, itemized and
detailed | ||||||
23 | records of all receipts, expenditures, and accounts; and | ||||||
24 | (10) any reserve study.
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25 | (b) Any member of an association shall have the right to | ||||||
26 | inspect, examine,
and make copies of the records described in |
| |||||||
| |||||||
1 | subdivisions (1), (2), (3), (4),
(5), (6), (9), and (10) of | ||||||
2 | subsection (a) of this Section, in person or by agent, at any
| ||||||
3 | reasonable time or times, at the association's principal | ||||||
4 | office. In order
to exercise this right, a member must submit a | ||||||
5 | written request to the
association's board of managers or its | ||||||
6 | authorized agent, stating with
particularity the records | ||||||
7 | sought to be examined. Failure of an association's
board of | ||||||
8 | managers to make available all records so requested within 10 | ||||||
9 | business days of
receipt of the member's written request shall | ||||||
10 | be deemed a denial.
| ||||||
11 | Any member who prevails in an enforcement action to compel | ||||||
12 | examination of
records described in subdivisions (1), (2), | ||||||
13 | (3), (4), (5), (6), (9), and (10) of subsection (a)
of this | ||||||
14 | Section shall be entitled to recover reasonable attorney's | ||||||
15 | fees and
costs from the association.
| ||||||
16 | (c) (Blank).
| ||||||
17 | (d) (Blank).
| ||||||
18 | (d-5) As used in this Section, "commercial purpose" means | ||||||
19 | the use of any part of a record or records described in | ||||||
20 | subdivisions (7) and (8) of subsection (a) of this Section, or | ||||||
21 | information derived from such records, in any form for sale, | ||||||
22 | resale, or solicitation or advertisement for sales or | ||||||
23 | services. | ||||||
24 | (e) Except as otherwise provided in subsection (g) of this
| ||||||
25 | Section, any member of an association shall have the right to | ||||||
26 | inspect, examine,
and make copies of the records described in |
| |||||||
| |||||||
1 | subdivisions (7) and (8) of subsection (a) of this Section, in | ||||||
2 | person or by agent, at any reasonable
time or times but only | ||||||
3 | for a purpose that relates to the association, at the | ||||||
4 | association's principal
office. In order to exercise this | ||||||
5 | right, a member must submit a written
request, to the | ||||||
6 | association's board of managers or its authorized agent,
| ||||||
7 | stating with particularity the records sought to be examined. | ||||||
8 | As a condition for exercising this right, the board of | ||||||
9 | managers or authorized agent of the association may require | ||||||
10 | the member to certify in writing that the information | ||||||
11 | contained in the records obtained by the member will not be | ||||||
12 | used by the member for any commercial purpose or for any | ||||||
13 | purpose that does not relate to the association. The board of | ||||||
14 | managers of the association may impose a fine in accordance | ||||||
15 | with item (l) of Section 18.4 upon any person who makes a false | ||||||
16 | certification. Subject to the provisions of subsection (g) of | ||||||
17 | this Section, failure of an association's board of managers to | ||||||
18 | make
available all records so requested within 10 business | ||||||
19 | days of receipt of the
member's written request shall be | ||||||
20 | deemed a denial; provided, however, that the
board of managers | ||||||
21 | of an association that has adopted a secret ballot election
| ||||||
22 | process as provided in Section 18 of this Act shall not be | ||||||
23 | deemed to have
denied a member's request for records described | ||||||
24 | in subdivision (8) of
subsection (a) of this Section if voting | ||||||
25 | ballots, without identifying unit
numbers, are made available | ||||||
26 | to the requesting member within 10 business days of receipt
of |
| |||||||
| |||||||
1 | the member's written request.
| ||||||
2 | Any member who prevails in an enforcement action to compel
| ||||||
3 | examination of records described in subdivision (7) or (8) of
| ||||||
4 | subsection (a) of this Section shall be entitled to recover | ||||||
5 | reasonable
attorney's fees and costs from the association only | ||||||
6 | if the court finds that
the board of directors acted in bad | ||||||
7 | faith in denying the member's request.
| ||||||
8 | (f) The actual cost to the association of retrieving and | ||||||
9 | making requested
records available for inspection and | ||||||
10 | examination under this Section may be
charged by the | ||||||
11 | association to the requesting member. If a member requests
| ||||||
12 | copies of records requested under this Section, the actual | ||||||
13 | costs to the
association of reproducing the records may also | ||||||
14 | be charged by the association
to the requesting member.
| ||||||
15 | (g) Notwithstanding the provisions of subsection (e) of | ||||||
16 | this Section, unless
otherwise directed by court order, an | ||||||
17 | association need not make the following
records available for | ||||||
18 | inspection, examination, or copying by its members:
| ||||||
19 | (1) documents relating to appointment, employment, | ||||||
20 | discipline, or
dismissal of association employees;
| ||||||
21 | (2) documents relating to actions pending against or | ||||||
22 | on behalf of the
association or its board of managers in a | ||||||
23 | court or administrative tribunal;
| ||||||
24 | (3) documents relating to actions threatened against, | ||||||
25 | or likely to be
asserted on behalf of, the association or | ||||||
26 | its board of managers in a court or
administrative |
| |||||||
| |||||||
1 | tribunal;
| ||||||
2 | (4) documents relating to common expenses or other | ||||||
3 | charges owed by a
member other than the requesting member; | ||||||
4 | and
| ||||||
5 | (5) documents provided to an association in connection | ||||||
6 | with the lease,
sale, or other transfer of a unit by a | ||||||
7 | member other than the requesting member.
| ||||||
8 | (h) The provisions of this Section are applicable to all | ||||||
9 | condominium
instruments recorded under this Act. Any portion | ||||||
10 | of a condominium instrument
that contains provisions contrary | ||||||
11 | to these provisions shall be void as against
public policy and | ||||||
12 | ineffective. Any condominium instrument that fails to
contain | ||||||
13 | the provisions required by this Section shall be deemed to | ||||||
14 | incorporate
the provisions by operation of law.
| ||||||
15 | (Source: P.A. 102-921, eff. 5-27-22.)
|