Full Text of HB4352 93rd General Assembly
HB4352 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4352
Introduced 02/02/04, by JoAnn D. Osmond 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 a condominium association that violates this Section by refusing to allow a unit holder to exercise his or her right to examine the books and records shall be assessed a civil penalty of $1,000 per day for each aggrieved condominium holder. Provides that this penalty shall be payable by the condominium association to the unit holder effective the first day of the violation.
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A BILL FOR
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HB4352 |
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LRB093 18607 LCB 44331 b |
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| AN ACT concerning condominiums.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Condominium Property Act is amended by | 5 |
| changing Section 19 as follows:
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| (765 ILCS 605/19) (from Ch. 30, par. 319)
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| Sec. 19. Records of the association; availability for | 8 |
| examination.
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| (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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| (1) the association's declaration, bylaws, and plats | 13 |
| of survey, and all
amendments of these;
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| (2) the rules and regulations of the association, if | 15 |
| any;
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| (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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| incorporation;
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| (4) minutes of all meetings of the association and its | 21 |
| board of managers
for the immediately preceding 7 years;
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| (5) all current policies of insurance of the | 23 |
| association;
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| (6) all contracts, leases, and other agreements then in | 25 |
| effect to which
the association is a party or under which | 26 |
| the association or the unit owners
have obligations or | 27 |
| liabilities;
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| (7) a current listing of the names, addresses, and | 29 |
| weighted vote of all
members entitled to vote;
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| (8) ballots and proxies related to ballots for all | 31 |
| matters voted on by
the members of the association during | 32 |
| the immediately preceding 12 months,
including but not |
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LRB093 18607 LCB 44331 b |
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| limited to the election of members of the board of | 2 |
| managers;
and
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| (9) the books and records of account for the | 4 |
| association's current and 10
immediately preceding fiscal | 5 |
| years, including but not limited to itemized and
detailed | 6 |
| records of all receipts and expenditures.
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| (b) Any member of an association shall have the right to | 8 |
| inspect, examine,
and make copies of the records described in | 9 |
| subdivisions (1), (2), (3), (4),
and (5) of subsection (a) of | 10 |
| this Section, in person or by agent, at any
reasonable time or | 11 |
| times, at the association's principal office. In order
to | 12 |
| exercise this right, a member must submit a written request to | 13 |
| the
association's board of managers or its authorized agent, | 14 |
| stating with
particularity the records sought to be examined. | 15 |
| Failure of an association's
board of managers to make available | 16 |
| all records so requested within 30 days of
receipt of the | 17 |
| member's written request shall be deemed a denial.
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| Any member who prevails in an enforcement action to compel | 19 |
| examination of
records described in subdivisions (1), (2), (3), | 20 |
| (4), and (5) of subsection (a)
of this Section shall be | 21 |
| entitled to recover reasonable attorney's fees and
costs from | 22 |
| the association.
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| (c) (Blank).
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| (d) (Blank).
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| (e) Except as otherwise provided in subsection (g) of this
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| Section, any member of an association shall have the right to | 27 |
| inspect, examine,
and make copies of the records described in | 28 |
| subdivisions (6), (7), (8), and
(9) of subsection (a) of this | 29 |
| Section, in person or by agent, at any reasonable
time or times | 30 |
| but only for a proper purpose, at the association's principal
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| office. In order to exercise this right, a member must submit a | 32 |
| written
request, to the association's board of managers or its | 33 |
| authorized agent,
stating with particularity the records | 34 |
| sought to be examined and a proper
purpose for the request. | 35 |
| Subject to the provisions of subsection (g) of this Section, | 36 |
| failure of an association's board of managers to make
available |
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| all records so requested within 30 business days of receipt of | 2 |
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member's written request shall be deemed a denial; | 3 |
| provided, however, that the
board of managers of an association | 4 |
| that has adopted a secret ballot election
process as provided | 5 |
| in Section 18 of this Act shall not be deemed to have
denied a | 6 |
| member's request for records described in subdivision (8) of
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| subsection (a) of this Section if voting ballots, without | 8 |
| identifying unit
numbers, are made available to the requesting | 9 |
| member within 30 days of receipt
of the member's written | 10 |
| request.
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| In an action to compel examination of records described in | 12 |
| subdivisions (6),
(7), (8), and (9) of subsection (a) of this | 13 |
| Section, the burden of proof is
upon the member to establish | 14 |
| that the member's request is based on a proper
purpose. Any | 15 |
| member who prevails in an enforcement action to compel
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| examination of records described in subdivisions (6), (7), (8), | 17 |
| and (9) of
subsection (a) of this Section shall be entitled to | 18 |
| recover reasonable
attorney's fees and costs from the | 19 |
| association only if the court finds that
the board of directors | 20 |
| acted in bad faith in denying the member's request.
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| (e-5) The board of managers of a condominium association | 22 |
| that violates this Section by refusing to allow a unit holder | 23 |
| to exercise his or her right to examine the books and records | 24 |
| shall be assessed a civil penalty of $1,000 per day for each | 25 |
| aggrieved condominium holder. This penalty shall be payable by | 26 |
| the condominium association to the unit holder effective the | 27 |
| first day of the violation.
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| (f) The actual cost to the association of retrieving and | 29 |
| making requested
records available for inspection and | 30 |
| examination under this Section shall be
charged by the | 31 |
| association to the requesting member. If a member requests
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| copies of records requested under this Section, the actual | 33 |
| costs to the
association of reproducing the records shall also | 34 |
| be charged by the association
to the requesting member.
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| (g) Notwithstanding the provisions of subsection (e) of | 36 |
| this Section, unless
otherwise directed by court order, an |
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| association need not make the following
records available for | 2 |
| inspection, examination, or copying by its members:
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| (1) documents relating to appointment, employment, | 4 |
| discipline, or
dismissal of association employees;
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| (2) documents relating to actions pending against or on | 6 |
| behalf of the
association or its board of managers in a | 7 |
| court or administrative tribunal;
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| (3) documents relating to actions threatened against, | 9 |
| or likely to be
asserted on behalf of, the association or | 10 |
| its board of managers in a court or
administrative | 11 |
| tribunal;
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| (4) documents relating to common expenses or other | 13 |
| charges owed by a
member other than the requesting member; | 14 |
| and
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| (5) documents provided to an association in connection | 16 |
| with the lease,
sale, or other transfer of a unit by a | 17 |
| member other than the requesting member.
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| (h) The provisions of this Section are applicable to all | 19 |
| condominium
instruments recorded under this Act. Any portion of | 20 |
| a condominium instrument
that contains provisions contrary to | 21 |
| these provisions shall be void as against
public policy and | 22 |
| ineffective. Any condominium instrument that fails to
contain | 23 |
| the provisions required by this Section shall be deemed to | 24 |
| incorporate
the provisions by operation of law.
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| (Source: P.A. 90-496, eff. 8-18-97; 90-655, eff. 7-30-98.)
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