Illinois General Assembly - Full Text of HB4158
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4158  102nd General Assembly

HB4158enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4158 EnrolledLRB102 20110 LNS 28960 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 Common Interest Community Association Act
5is amended by changing Sections 1-30 and 1-90 as follows:
 
6    (765 ILCS 160/1-30)
7    Sec. 1-30. Board duties and obligations; records.
8    (a) The board shall meet at least 4 times annually.
9    (b) A common interest community association may not enter
10into a contract with a current board member, or with a
11corporation, limited liability company, or partnership in
12which a board member or a member of his or her immediate family
13has 25% or more interest, unless notice of intent to enter into
14the contract is given to members within 20 days after a
15decision is made to enter into the contract and the members are
16afforded an opportunity by filing a petition, signed by 20% of
17the membership, for an election to approve or disapprove the
18contract; such petition shall be filed within 20 days after
19such notice and such election shall be held within 30 days
20after filing the petition. For purposes of this subsection, a
21board member's immediate family means the board member's
22spouse, parents, siblings, and children.
23    (c) The bylaws or operating agreement shall provide for

 

 

HB4158 Enrolled- 2 -LRB102 20110 LNS 28960 b

1the maintenance, repair, and replacement of the common areas
2and payments therefor, including the method of approving
3payment vouchers.
4    (d) (Blank).
5    (e) The association may engage the services of a manager
6or management company.
7    (f) The association shall have one class of membership
8unless the declaration, bylaws, or operating agreement provide
9otherwise; however, this subsection (f) shall not be construed
10to limit the operation of subsection (c) of Section 1-20 of
11this Act.
12    (g) The board shall have the power, after notice and an
13opportunity to be heard, to levy and collect reasonable fines
14from members or unit owners for violations of the declaration,
15bylaws, operating agreement, and rules and regulations of the
16common interest community association.
17    (h) Other than attorney's fees and court or arbitration
18costs, no fees pertaining to the collection of a member's or
19unit owner's financial obligation to the association,
20including fees charged by a manager or managing agent, shall
21be added to and deemed a part of a member's or unit owner's
22respective share of the common expenses unless: (i) the
23managing agent fees relate to the costs to collect common
24expenses for the association; (ii) the fees are set forth in a
25contract between the managing agent and the association; and
26(iii) the authority to add the management fees to a member's or

 

 

HB4158 Enrolled- 3 -LRB102 20110 LNS 28960 b

1unit owner's respective share of the common expenses is
2specifically stated in the declaration, bylaws, or operating
3agreement of the association.
4    (i) Board records.
5        (1) The board shall maintain the following records of
6    the association and make them available for examination
7    and copying at convenient hours of weekdays by any member
8    or unit owner in a common interest community subject to
9    the authority of the board, their mortgagees, and their
10    duly authorized agents or attorneys:
11            (i) Copies of the recorded declaration, other
12        community instruments, other duly recorded covenants
13        and bylaws and any amendments, articles of
14        incorporation, articles of organization, annual
15        reports, and any rules and regulations adopted by the
16        board shall be available. Prior to the organization of
17        the board, the developer shall maintain and make
18        available the records set forth in this paragraph (i)
19        for examination and copying.
20            (ii) Detailed and accurate records in
21        chronological order of the receipts and expenditures
22        affecting the common areas, specifying and itemizing
23        the maintenance and repair expenses of the common
24        areas and any other expenses incurred, and copies of
25        all contracts, leases, or other agreements entered
26        into by the board shall be maintained.

 

 

HB4158 Enrolled- 4 -LRB102 20110 LNS 28960 b

1            (iii) The minutes of all meetings of the board
2        which shall be maintained for not less than 7 years.
3            (iv) With a written statement of a proper purpose,
4        ballots and proxies related thereto, if any, for any
5        election held for the board and for any other matters
6        voted on by the members, which shall be maintained for
7        not less than one year.
8            (v) With a written statement of a proper purpose,
9        such other records of the board as are available for
10        inspection by members of a not-for-profit corporation
11        pursuant to Section 107.75 of the General Not For
12        Profit Corporation Act of 1986 shall be maintained.
13            (vi) With respect to units owned by a land trust, a
14        living trust, or other legal entity, the trustee,
15        officer, or manager of the entity may designate, in
16        writing, a person to cast votes on behalf of the member
17        or unit owner and a designation shall remain in effect
18        until a subsequent document is filed with the
19        association.
20            (vii) Any reserve study.
21        (2) Where a request for records under this subsection
22    is made in writing to the board or its agent, failure to
23    provide the requested record or to respond within 30 days
24    shall be deemed a denial by the board.
25        (3) A reasonable fee may be charged by the board for
26    the cost of retrieving and copying records properly

 

 

HB4158 Enrolled- 5 -LRB102 20110 LNS 28960 b

1    requested.
2        (4) If the board fails to provide records properly
3    requested under paragraph (1) of this subsection (i)
4    within the time period provided in that paragraph (1), the
5    member may seek appropriate relief and shall be entitled
6    to an award of reasonable attorney's fees and costs if the
7    member prevails and the court finds that such failure is
8    due to the acts or omissions of the board of managers or
9    the board of directors.
10    (j) The board shall have standing and capacity to act in a
11representative capacity in relation to matters involving the
12common areas or more than one unit, on behalf of the members or
13unit owners as their interests may appear.
14(Source: P.A. 98-232, eff. 1-1-14; 98-241, eff. 8-9-13;
1598-756, eff. 7-16-14; 99-41, eff. 7-14-15.)
 
16    (765 ILCS 160/1-90)
17    (Section scheduled to be repealed on July 1, 2022)
18    Sec. 1-90. Compliance with the Condominium and Common
19Interest Community Ombudsperson Act. Every common interest
20community association, except for those exempt from this Act
21under Section 1-75, must comply with the Condominium and
22Common Interest Community Ombudsperson Act and is subject to
23all provisions of the Condominium and Common Interest
24Community Ombudsperson Act. This Section is repealed January
251, 2024 July 1, 2022.

 

 

HB4158 Enrolled- 6 -LRB102 20110 LNS 28960 b

1(Source: P.A. 99-776, eff. 8-12-16; 100-201, eff. 8-18-17.)
 
2    Section 10. The Condominium Property Act is amended by
3changing Sections 19 and 35 as follows:
 
4    (765 ILCS 605/19)  (from Ch. 30, par. 319)
5    Sec. 19. Records of the association; availability for
6examination.
7    (a) The board of managers of every association shall keep
8and maintain the following records, or true and complete
9copies of these records, at the association's principal
10office:
11        (1) the association's declaration, bylaws, and plats
12    of survey, and all amendments of these;
13        (2) the rules and regulations of the association, if
14    any;
15        (3) if the association is incorporated as a
16    corporation, the articles of incorporation of the
17    association and all amendments to the articles of
18    incorporation;
19        (4) minutes of all meetings of the association and its
20    board of managers for the immediately preceding 7 years;
21        (5) all current policies of insurance of the
22    association;
23        (6) all contracts, leases, and other agreements then
24    in effect to which the association is a party or under

 

 

HB4158 Enrolled- 7 -LRB102 20110 LNS 28960 b

1    which the association or the unit owners have obligations
2    or liabilities;
3        (7) a current listing of the names, addresses, email
4    addresses, telephone numbers, and weighted vote of all
5    members entitled to vote;
6        (8) ballots and proxies related to ballots for all
7    matters voted on by the members of the association during
8    the immediately preceding 12 months, including, but not
9    limited to, the election of members of the board of
10    managers; and
11        (9) the books and records for the association's
12    current and 10 immediately preceding fiscal years,
13    including, but not limited to, itemized and detailed
14    records of all receipts, expenditures, and accounts; and
15        (10) any reserve study.
16    (b) Any member of an association shall have the right to
17inspect, examine, and make copies of the records described in
18subdivisions (1), (2), (3), (4), (5), (6), and (9), and (10) of
19subsection (a) of this Section, in person or by agent, at any
20reasonable time or times, at the association's principal
21office. In order to exercise this right, a member must submit a
22written request to the association's board of managers or its
23authorized agent, stating with particularity the records
24sought to be examined. Failure of an association's board of
25managers to make available all records so requested within 10
26business days of receipt of the member's written request shall

 

 

HB4158 Enrolled- 8 -LRB102 20110 LNS 28960 b

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

 

 

HB4158 Enrolled- 9 -LRB102 20110 LNS 28960 b

1the member to certify in writing that the information
2contained in the records obtained by the member will not be
3used by the member for any commercial purpose or for any
4purpose that does not relate to the association. The board of
5managers of the association may impose a fine in accordance
6with item (l) of Section 18.4 upon any person who makes a false
7certification. Subject to the provisions of subsection (g) of
8this Section, failure of an association's board of managers to
9make available all records so requested within 10 business
10days of receipt of the member's written request shall be
11deemed a denial; provided, however, that the board of managers
12of an association that has adopted a secret ballot election
13process as provided in Section 18 of this Act shall not be
14deemed to have denied a member's request for records described
15in subdivision (8) of subsection (a) of this Section if voting
16ballots, without identifying unit numbers, are made available
17to the requesting member within 10 business days of receipt of
18the member's written request.
19    Any member who prevails in an enforcement action to compel
20examination of records described in subdivision (7) or (8) of
21subsection (a) of this Section shall be entitled to recover
22reasonable attorney's fees and costs from the association only
23if the court finds that the board of directors acted in bad
24faith in denying the member's request.
25    (f) The actual cost to the association of retrieving and
26making requested records available for inspection and

 

 

HB4158 Enrolled- 10 -LRB102 20110 LNS 28960 b

1examination under this Section may be charged by the
2association to the requesting member. If a member requests
3copies of records requested under this Section, the actual
4costs to the association of reproducing the records may also
5be charged by the association to the requesting member.
6    (g) Notwithstanding the provisions of subsection (e) of
7this Section, unless otherwise directed by court order, an
8association need not make the following records available for
9inspection, examination, or copying by its members:
10        (1) documents relating to appointment, employment,
11    discipline, or dismissal of association employees;
12        (2) documents relating to actions pending against or
13    on behalf of the association or its board of managers in a
14    court or administrative tribunal;
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;
19        (4) documents relating to common expenses or other
20    charges owed by a member other than the requesting member;
21    and
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    (h) The provisions of this Section are applicable to all
26condominium instruments recorded under this Act. Any portion

 

 

HB4158 Enrolled- 11 -LRB102 20110 LNS 28960 b

1of a condominium instrument that contains provisions contrary
2to these provisions shall be void as against public policy and
3ineffective. Any condominium instrument that fails to contain
4the provisions required by this Section shall be deemed to
5incorporate the provisions by operation of law.
6(Source: P.A. 100-292, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
7    (765 ILCS 605/35)
8    (Section scheduled to be repealed on July 1, 2022)
9    Sec. 35. Compliance with the Condominium and Common
10Interest Community Ombudsperson Act. Every unit owners'
11association must comply with the Condominium and Common
12Interest Community Ombudsperson Act and is subject to all
13provisions of the Condominium and Common Interest Community
14Ombudsperson Act. This Section is repealed January 1, 2024
15July 1, 2022.
16(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.
1799-776 for effective date of P.A. 98-1135); 99-776, eff.
188-12-16.)
 
19    Section 15. The Condominium and Common Interest Community
20Ombudsperson Act is amended by changing Section 70 as follows:
 
21    (765 ILCS 615/70)
22    (Section scheduled to be repealed on July 1, 2022)
23    Sec. 70. Repeal. This Act is repealed on January 1, 2024

 

 

HB4158 Enrolled- 12 -LRB102 20110 LNS 28960 b

1July 1, 2022.
2(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.
399-776 for effective date of P.A. 98-1135); 99-776, eff.
48-12-16.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.