103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1235

 

Introduced 1/31/2023, 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

 

HB1235LRB103 05754 LNS 50774 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Condominium Property Act is amended by
5changing Section 19 as follows:
 
6    (765 ILCS 605/19)  (from Ch. 30, par. 319)
7    Sec. 19. Records of the association; availability for
8examination.
9    (a) The board of managers of every association shall keep
10and maintain the following records, or true and complete
11copies of these records, at the association's principal
12office:
13        (1) the association's declaration, bylaws, and plats
14    of survey, and all amendments of these;
15        (2) the rules and regulations of the association, if
16    any;
17        (3) if the association is incorporated as a
18    corporation, the articles of incorporation of the
19    association and all amendments to the articles of
20    incorporation;
21        (4) minutes of all meetings of the association and its
22    board of managers for the immediately preceding 7 years;
23        (5) all current policies of insurance of the

 

 

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1    association;
2        (6) all contracts, leases, and other agreements then
3    in effect to which the association is a party or under
4    which the association or the unit owners have obligations
5    or liabilities;
6        (7) a current listing of the names, addresses, email
7    addresses, telephone numbers, and weighted vote of all
8    members entitled to vote; however, a member may decline to
9    provide such information in order to prevent the
10    information from being used for a commercial purpose;
11        (8) ballots and proxies related to ballots for all
12    matters voted on by the members of the association during
13    the immediately preceding 12 months, including, but not
14    limited to, the election of members of the board of
15    managers;
16        (9) the books and records for the association's
17    current and 10 immediately preceding fiscal years,
18    including, but not limited to, itemized and detailed
19    records of all receipts, expenditures, and accounts; and
20        (10) any reserve study.
21    (b) Any member of an association shall have the right to
22inspect, examine, and make copies of the records described in
23subdivisions (1), (2), (3), (4), (5), (6), (9), and (10) of
24subsection (a) of this Section, in person or by agent, at any
25reasonable time or times, at the association's principal
26office. In order to exercise this right, a member must submit a

 

 

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1written request to the association's board of managers or its
2authorized agent, stating with particularity the records
3sought to be examined. Failure of an association's board of
4managers to make available all records so requested within 10
5business days of receipt of the member's written request shall
6be deemed a denial.
7    Any member who prevails in an enforcement action to compel
8examination of records described in subdivisions (1), (2),
9(3), (4), (5), (6), (9), and (10) of subsection (a) of this
10Section shall be entitled to recover reasonable attorney's
11fees and costs from the association.
12    (c) (Blank).
13    (d) (Blank).
14    (d-5) As used in this Section, "commercial purpose" means
15the use of any part of a record or records described in
16subdivisions (7) and (8) of subsection (a) of this Section, or
17information derived from such records, in any form for sale,
18resale, or solicitation or advertisement for sales or
19services.
20    (e) Except as otherwise provided in subsection (g) of this
21Section, any member of an association shall have the right to
22inspect, examine, and make copies of the records described in
23subdivisions (7) and (8) of subsection (a) of this Section, in
24person or by agent, at any reasonable time or times but only
25for a purpose that relates to the association, at the
26association's principal office. In order to exercise this

 

 

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1right, a member must submit a written request, to the
2association's board of managers or its authorized agent,
3stating with particularity the records sought to be examined.
4As a condition for exercising this right, the board of
5managers or authorized agent of the association may require
6the member to certify in writing that the information
7contained in the records obtained by the member will not be
8used by the member for any commercial purpose or for any
9purpose that does not relate to the association. The board of
10managers of the association may impose a fine in accordance
11with item (l) of Section 18.4 upon any person who makes a false
12certification. Subject to the provisions of subsection (g) of
13this Section, failure of an association's board of managers to
14make available all records so requested within 10 business
15days of receipt of the member's written request shall be
16deemed a denial; provided, however, that the board of managers
17of an association that has adopted a secret ballot election
18process as provided in Section 18 of this Act shall not be
19deemed to have denied a member's request for records described
20in subdivision (8) of subsection (a) of this Section if voting
21ballots, without identifying unit numbers, are made available
22to the requesting member within 10 business days of receipt of
23the member's written request.
24    Any member who prevails in an enforcement action to compel
25examination of records described in subdivision (7) or (8) of
26subsection (a) of this Section shall be entitled to recover

 

 

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1reasonable attorney's fees and costs from the association only
2if the court finds that the board of directors acted in bad
3faith in denying the member's request.
4    (f) The actual cost to the association of retrieving and
5making requested records available for inspection and
6examination under this Section may be charged by the
7association to the requesting member. If a member requests
8copies of records requested under this Section, the actual
9costs to the association of reproducing the records may also
10be charged by the association to the requesting member.
11    (g) Notwithstanding the provisions of subsection (e) of
12this Section, unless otherwise directed by court order, an
13association need not make the following records available for
14inspection, examination, or copying by its members:
15        (1) documents relating to appointment, employment,
16    discipline, or dismissal of association employees;
17        (2) documents relating to actions pending against or
18    on behalf of the association or its board of managers in a
19    court or administrative tribunal;
20        (3) documents relating to actions threatened against,
21    or likely to be asserted on behalf of, the association or
22    its board of managers in a court or administrative
23    tribunal;
24        (4) documents relating to common expenses or other
25    charges owed by a member other than the requesting member;
26    and

 

 

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1        (5) documents provided to an association in connection
2    with the lease, sale, or other transfer of a unit by a
3    member other than the requesting member.
4    (h) The provisions of this Section are applicable to all
5condominium instruments recorded under this Act. Any portion
6of a condominium instrument that contains provisions contrary
7to these provisions shall be void as against public policy and
8ineffective. Any condominium instrument that fails to contain
9the provisions required by this Section shall be deemed to
10incorporate the provisions by operation of law.
11(Source: P.A. 102-921, eff. 5-27-22.)