Illinois General Assembly - Full Text of SB3165
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Full Text of SB3165  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/15/2018, by Sen. Michael Connelly


765 ILCS 605/18  from Ch. 30, par. 318
765 ILCS 605/19  from Ch. 30, par. 319

    Amends the Condominium Property Act. Provides that the association shall provide each member with the opportunity to specify whether the association may disclose the name, address, email address, or telephone numbers of the member to other association members. Provides that if a member indicates that he or she does not want the information disclosed to other members of the association, the information shall not be disclosed. Provides that the association shall impose a fine upon any person who discloses the information in violation of the expressed wishes of the member. Makes a corresponding change in a Section concerning the contents of bylaws.

LRB100 17779 HEP 32957 b





SB3165LRB100 17779 HEP 32957 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 Sections 18 and 19 as follows:
6    (765 ILCS 605/18)  (from Ch. 30, par. 318)
7    Sec. 18. Contents of bylaws. The bylaws shall provide for
8at least the following:
9        (a)(1) The election from among the unit owners of a
10    board of managers, the number of persons constituting such
11    board, and that the terms of at least one-third of the
12    members of the board shall expire annually and that all
13    members of the board shall be elected at large; if there
14    are multiple owners of a single unit, only one of the
15    multiple owners shall be eligible to serve as a member of
16    the board at any one time;
17        (2) the powers and duties of the board;
18        (3) the compensation, if any, of the members of the
19    board;
20        (4) the method of removal from office of members of the
21    board;
22        (5) that the board may engage the services of a manager
23    or managing agent;



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1        (6) that each unit owner shall receive, at least 25
2    days prior to the adoption thereof by the board of
3    managers, a copy of the proposed annual budget together
4    with an indication of which portions are intended for
5    reserves, capital expenditures or repairs or payment of
6    real estate taxes;
7        (7) that the board of managers shall annually supply to
8    all unit owners an itemized accounting of the common
9    expenses for the preceding year actually incurred or paid,
10    together with an indication of which portions were for
11    reserves, capital expenditures or repairs or payment of
12    real estate taxes and with a tabulation of the amounts
13    collected pursuant to the budget or assessment, and showing
14    the net excess or deficit of income over expenditures plus
15    reserves;
16        (8)(i) that each unit owner shall receive notice, in
17    the same manner as is provided in this Act for membership
18    meetings, of any meeting of the board of managers
19    concerning the adoption of the proposed annual budget and
20    regular assessments pursuant thereto or to adopt a separate
21    (special) assessment, (ii) that except as provided in
22    subsection (iv) below, if an adopted budget or any separate
23    assessment adopted by the board would result in the sum of
24    all regular and separate assessments payable in the current
25    fiscal year exceeding 115% of the sum of all regular and
26    separate assessments payable during the preceding fiscal



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1    year, the board of managers, upon written petition by unit
2    owners with 20 percent of the votes of the association
3    delivered to the board within 21 days of the board action,
4    shall call a meeting of the unit owners within 30 days of
5    the date of delivery of the petition to consider the budget
6    or separate assessment; unless a majority of the total
7    votes of the unit owners are cast at the meeting to reject
8    the budget or separate assessment, it is ratified, (iii)
9    that any common expense not set forth in the budget or any
10    increase in assessments over the amount adopted in the
11    budget shall be separately assessed against all unit
12    owners, (iv) that separate assessments for expenditures
13    relating to emergencies or mandated by law may be adopted
14    by the board of managers without being subject to unit
15    owner approval or the provisions of item (ii) above or item
16    (v) below. As used herein, "emergency" means an immediate
17    danger to the structural integrity of the common elements
18    or to the life, health, safety or property of the unit
19    owners, (v) that assessments for additions and alterations
20    to the common elements or to association-owned property not
21    included in the adopted annual budget, shall be separately
22    assessed and are subject to approval of two-thirds of the
23    total votes of all unit owners, (vi) that the board of
24    managers may adopt separate assessments payable over more
25    than one fiscal year. With respect to multi-year
26    assessments not governed by items (iv) and (v), the entire



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1    amount of the multi-year assessment shall be deemed
2    considered and authorized in the first fiscal year in which
3    the assessment is approved;
4        (9)(A) that every meeting of the board of managers
5    shall be open to any unit owner, except that the board may
6    close any portion of a noticed meeting or meet separately
7    from a noticed meeting to: (i) discuss litigation when an
8    action against or on behalf of the particular association
9    has been filed and is pending in a court or administrative
10    tribunal, or when the board of managers finds that such an
11    action is probable or imminent, (ii) discuss the
12    appointment, employment, engagement, or dismissal of an
13    employee, independent contractor, agent, or other provider
14    of goods and services, (iii) interview a potential
15    employee, independent contractor, agent, or other provider
16    of goods and services, (iv) discuss violations of rules and
17    regulations of the association, (v) discuss a unit owner's
18    unpaid share of common expenses, or (vi) consult with the
19    association's legal counsel; that any vote on these matters
20    shall take place at a meeting of the board of managers or
21    portion thereof open to any unit owner;
22        (B) that board members may participate in and act at
23    any meeting of the board of managers in person, by
24    telephonic means, or by use of any acceptable technological
25    means whereby all persons participating in the meeting can
26    communicate with each other; that participation



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1    constitutes attendance and presence in person at the
2    meeting;
3        (C) that any unit owner may record the proceedings at
4    meetings of the board of managers or portions thereof
5    required to be open by this Act by tape, film or other
6    means, and that the board may prescribe reasonable rules
7    and regulations to govern the right to make such
8    recordings;
9        (D) that notice of every meeting of the board of
10    managers shall be given to every board member at least 48
11    hours prior thereto, unless the board member waives notice
12    of the meeting pursuant to subsection (a) of Section 18.8;
13    and
14        (E) that notice of every meeting of the board of
15    managers shall be posted in entranceways, elevators, or
16    other conspicuous places in the condominium at least 48
17    hours prior to the meeting of the board of managers except
18    where there is no common entranceway for 7 or more units,
19    the board of managers may designate one or more locations
20    in the proximity of these units where the notices of
21    meetings shall be posted; that notice of every meeting of
22    the board of managers shall also be given at least 48 hours
23    prior to the meeting, or such longer notice as this Act may
24    separately require, to: (i) each unit owner who has
25    provided the association with written authorization to
26    conduct business by acceptable technological means, and



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1    (ii) to the extent that the condominium instruments of an
2    association require, to each other unit owner, as required
3    by subsection (f) of Section 18.8, by mail or delivery, and
4    that no other notice of a meeting of the board of managers
5    need be given to any unit owner;
6        (10) that the board shall meet at least 4 times
7    annually;
8        (11) that no member of the board or officer shall be
9    elected for a term of more than 2 years, but that officers
10    and board members may succeed themselves;
11        (12) the designation of an officer to mail and receive
12    all notices and execute amendments to condominium
13    instruments as provided for in this Act and in the
14    condominium instruments;
15        (13) the method of filling vacancies on the board which
16    shall include authority for the remaining members of the
17    board to fill the vacancy by two-thirds vote until the next
18    annual meeting of unit owners or for a period terminating
19    no later than 30 days following the filing of a petition
20    signed by unit owners holding 20% of the votes of the
21    association requesting a meeting of the unit owners to fill
22    the vacancy for the balance of the term, and that a meeting
23    of the unit owners shall be called for purposes of filling
24    a vacancy on the board no later than 30 days following the
25    filing of a petition signed by unit owners holding 20% of
26    the votes of the association requesting such a meeting, and



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1    the method of filling vacancies among the officers that
2    shall include the authority for the members of the board to
3    fill the vacancy for the unexpired portion of the term;
4        (14) what percentage of the board of managers, if other
5    than a majority, shall constitute a quorum;
6        (15) provisions concerning notice of board meetings to
7    members of the board;
8        (16) the board of managers may not enter into a
9    contract with a current board member or with a corporation
10    or partnership in which a board member or a member of the
11    board member's immediate family has 25% or more interest,
12    unless notice of intent to enter the contract is given to
13    unit owners within 20 days after a decision is made to
14    enter into the contract and the unit owners are afforded an
15    opportunity by filing a petition, signed by 20% of the unit
16    owners, for an election to approve or disapprove the
17    contract; such petition shall be filed within 30 days after
18    such notice and such election shall be held within 30 days
19    after filing the petition; for purposes of this subsection,
20    a board member's immediate family means the board member's
21    spouse, parents, and children;
22        (17) that the board of managers may disseminate to unit
23    owners biographical and background information about
24    candidates for election to the board if (i) reasonable
25    efforts to identify all candidates are made and all
26    candidates are given an opportunity to include



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1    biographical and background information in the information
2    to be disseminated; and (ii) the board does not express a
3    preference in favor of any candidate;
4        (18) any proxy distributed for board elections by the
5    board of managers gives unit owners the opportunity to
6    designate any person as the proxy holder, and gives the
7    unit owner the opportunity to express a preference for any
8    of the known candidates for the board or to write in a
9    name;
10        (19) that special meetings of the board of managers can
11    be called by the president or 25% of the members of the
12    board;
13        (20) that the board of managers may establish and
14    maintain a system of master metering of public utility
15    services and collect payments in connection therewith,
16    subject to the requirements of the Tenant Utility Payment
17    Disclosure Act; and
18        (21) that the board may ratify and confirm actions of
19    the members of the board taken in response to an emergency,
20    as that term is defined in subdivision (a)(8)(iv) of this
21    Section; that the board shall give notice to the unit
22    owners of: (i) the occurrence of the emergency event within
23    7 business days after the emergency event, and (ii) the
24    general description of the actions taken to address the
25    event within 7 days after the emergency event.
26        The intent of the provisions of Public Act 99-472



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1    adding this paragraph (21) is to empower and support boards
2    to act in emergencies.
3        (b)(1) What percentage of the unit owners, if other
4    than 20%, shall constitute a quorum provided that, for
5    condominiums with 20 or more units, the percentage of unit
6    owners constituting a quorum shall be 20% unless the unit
7    owners holding a majority of the percentage interest in the
8    association provide for a higher percentage, provided that
9    in voting on amendments to the association's bylaws, a unit
10    owner who is in arrears on the unit owner's regular or
11    separate assessments for 60 days or more, shall not be
12    counted for purposes of determining if a quorum is present,
13    but that unit owner retains the right to vote on amendments
14    to the association's bylaws;
15        (2) that the association shall have one class of
16    membership;
17        (3) that the members shall hold an annual meeting, one
18    of the purposes of which shall be to elect members of the
19    board of managers;
20        (4) the method of calling meetings of the unit owners;
21        (5) that special meetings of the members can be called
22    by the president, board of managers, or by 20% of unit
23    owners;
24        (6) that written notice of any membership meeting shall
25    be mailed or delivered giving members no less than 10 and
26    no more than 30 days notice of the time, place and purpose



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1    of such meeting except that notice may be sent, to the
2    extent the condominium instruments or rules adopted
3    thereunder expressly so provide, by electronic
4    transmission consented to by the unit owner to whom the
5    notice is given, provided the director and officer or his
6    agent certifies in writing to the delivery by electronic
7    transmission;
8        (7) that voting shall be on a percentage basis, and
9    that the percentage vote to which each unit is entitled is
10    the percentage interest of the undivided ownership of the
11    common elements appurtenant thereto, provided that the
12    bylaws may provide for approval by unit owners in
13    connection with matters where the requisite approval on a
14    percentage basis is not specified in this Act, on the basis
15    of one vote per unit;
16        (8) that, where there is more than one owner of a unit,
17    if only one of the multiple owners is present at a meeting
18    of the association, he is entitled to cast all the votes
19    allocated to that unit, if more than one of the multiple
20    owners are present, the votes allocated to that unit may be
21    cast only in accordance with the agreement of a majority in
22    interest of the multiple owners, unless the declaration
23    expressly provides otherwise, that there is majority
24    agreement if any one of the multiple owners cast the votes
25    allocated to that unit without protest being made promptly
26    to the person presiding over the meeting by any of the



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1    other owners of the unit;
2        (9)(A) except as provided in subparagraph (B) of this
3    paragraph (9) in connection with board elections, that a
4    unit owner may vote by proxy executed in writing by the
5    unit owner or by his duly authorized attorney in fact; that
6    the proxy must bear the date of execution and, unless the
7    condominium instruments or the written proxy itself
8    provide otherwise, is invalid after 11 months from the date
9    of its execution; to the extent the condominium instruments
10    or rules adopted thereunder expressly so provide, a vote or
11    proxy may be submitted by electronic transmission,
12    provided that any such electronic transmission shall
13    either set forth or be submitted with information from
14    which it can be determined that the electronic transmission
15    was authorized by the unit owner or the unit owner's proxy;
16        (B) that if a rule adopted at least 120 days before a
17    board election or the declaration or bylaws provide for
18    balloting as set forth in this subsection, unit owners may
19    not vote by proxy in board elections, but may vote only (i)
20    by submitting an association-issued ballot in person at the
21    election meeting or (ii) by submitting an
22    association-issued ballot to the association or its
23    designated agent by mail or other means of delivery
24    specified in the declaration, bylaws, or rule; that the
25    ballots shall be mailed or otherwise distributed to unit
26    owners not less than 10 and not more than 30 days before



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1    the election meeting, and the board shall give unit owners
2    not less than 21 days' prior written notice of the deadline
3    for inclusion of a candidate's name on the ballots; that
4    the deadline shall be no more than 7 days before the
5    ballots are mailed or otherwise distributed to unit owners;
6    that every such ballot must include the names of all
7    candidates who have given the board or its authorized agent
8    timely written notice of their candidacy and must give the
9    person casting the ballot the opportunity to cast votes for
10    candidates whose names do not appear on the ballot; that a
11    ballot received by the association or its designated agent
12    after the close of voting shall not be counted; that a unit
13    owner who submits a ballot by mail or other means of
14    delivery specified in the declaration, bylaws, or rule may
15    request and cast a ballot in person at the election
16    meeting, and thereby void any ballot previously submitted
17    by that unit owner;
18        (B-5) that if a rule adopted at least 120 days before a
19    board election or the declaration or bylaws provide for
20    balloting as set forth in this subparagraph, unit owners
21    may not vote by proxy in board elections, but may vote only
22    (i) by submitting an association-issued ballot in person at
23    the election meeting; or (ii) by any acceptable
24    technological means as defined in Section 2 of this Act;
25    instructions regarding the use of electronic means for
26    voting shall be distributed to all unit owners not less



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1    than 10 and not more than 30 days before the election
2    meeting, and the board shall give unit owners not less than
3    21 days' prior written notice of the deadline for inclusion
4    of a candidate's name on the ballots; the deadline shall be
5    no more than 7 days before the instructions for voting
6    using electronic or acceptable technological means is
7    distributed to unit owners; every instruction notice must
8    include the names of all candidates who have given the
9    board or its authorized agent timely written notice of
10    their candidacy and must give the person voting through
11    electronic or acceptable technological means the
12    opportunity to cast votes for candidates whose names do not
13    appear on the ballot; a unit owner who submits a vote using
14    electronic or acceptable technological means may request
15    and cast a ballot in person at the election meeting,
16    thereby voiding any vote previously submitted by that unit
17    owner;
18        (C) that if a written petition by unit owners with at
19    least 20% of the votes of the association is delivered to
20    the board within 30 days after the board's approval of a
21    rule adopted pursuant to subparagraph (B) or subparagraph
22    (B-5) of this paragraph (9), the board shall call a meeting
23    of the unit owners within 30 days after the date of
24    delivery of the petition; that unless a majority of the
25    total votes of the unit owners are cast at the meeting to
26    reject the rule, the rule is ratified;



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1        (D) that votes cast by ballot under subparagraph (B) or
2    electronic or acceptable technological means under
3    subparagraph (B-5) of this paragraph (9) are valid for the
4    purpose of establishing a quorum;
5        (10) that the association may, upon adoption of the
6    appropriate rules by the board of managers, conduct
7    elections by secret ballot whereby the voting ballot is
8    marked only with the percentage interest for the unit and
9    the vote itself, provided that the board further adopt
10    rules to verify the status of the unit owner issuing a
11    proxy or casting a ballot; and further, that a candidate
12    for election to the board of managers or such candidate's
13    representative shall have the right to be present at the
14    counting of ballots at such election;
15        (11) that in the event of a resale of a condominium
16    unit the purchaser of a unit from a seller other than the
17    developer pursuant to an installment sales contract for
18    purchase shall during such times as he or she resides in
19    the unit be counted toward a quorum for purposes of
20    election of members of the board of managers at any meeting
21    of the unit owners called for purposes of electing members
22    of the board, shall have the right to vote for the election
23    of members of the board of managers and to be elected to
24    and serve on the board of managers unless the seller
25    expressly retains in writing any or all of such rights. In
26    no event may the seller and purchaser both be counted



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1    toward a quorum, be permitted to vote for a particular
2    office or be elected and serve on the board. Satisfactory
3    evidence of the installment sales contract shall be made
4    available to the association or its agents. For purposes of
5    this subsection, "installment sales contract" shall have
6    the same meaning as set forth in Section 5 of the
7    Installment Sales Contract Act and Section 1(e) of the
8    Dwelling Unit Installment Contract Act;
9        (12) the method by which matters subject to the
10    approval of unit owners set forth in this Act, or in the
11    condominium instruments, will be submitted to the unit
12    owners at special membership meetings called for such
13    purposes; and
14        (13) that matters subject to the affirmative vote of
15    not less than 2/3 of the votes of unit owners at a meeting
16    duly called for that purpose, shall include, but not be
17    limited to:
18        (i) merger or consolidation of the association;
19        (ii) sale, lease, exchange, or other disposition
20        (excluding the mortgage or pledge) of all, or
21        substantially all of the property and assets of the
22        association; and
23        (iii) the purchase or sale of land or of units on
24        behalf of all unit owners.
25        (c) Election of a president from among the board of
26    managers, who shall preside over the meetings of the board



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1    of managers and of the unit owners.
2        (d) Election of a secretary from among the board of
3    managers, who shall keep the minutes of all meetings of the
4    board of managers and of the unit owners and who shall, in
5    general, perform all the duties incident to the office of
6    secretary.
7        (e) Election of a treasurer from among the board of
8    managers, who shall keep the financial records and books of
9    account.
10        (f) Maintenance, repair and replacement of the common
11    elements and payments therefor, including the method of
12    approving payment vouchers.
13        (g) An association with 30 or more units shall obtain
14    and maintain fidelity insurance covering persons who
15    control or disburse funds of the association for the
16    maximum amount of coverage available to protect funds in
17    the custody or control of the association plus the
18    association reserve fund. All management companies which
19    are responsible for the funds held or administered by the
20    association shall maintain and furnish to the association a
21    fidelity bond for the maximum amount of coverage available
22    to protect funds in the custody of the management company
23    at any time. The association shall bear the cost of the
24    fidelity insurance and fidelity bond, unless otherwise
25    provided by contract between the association and a
26    management company. The association shall be the direct



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1    obligee of any such fidelity bond. A management company
2    holding reserve funds of an association shall at all times
3    maintain a separate account for each association,
4    provided, however, that for investment purposes, the Board
5    of Managers of an association may authorize a management
6    company to maintain the association's reserve funds in a
7    single interest bearing account with similar funds of other
8    associations. The management company shall at all times
9    maintain records identifying all moneys of each
10    association in such investment account. The management
11    company may hold all operating funds of associations which
12    it manages in a single operating account but shall at all
13    times maintain records identifying all moneys of each
14    association in such operating account. Such operating and
15    reserve funds held by the management company for the
16    association shall not be subject to attachment by any
17    creditor of the management company.
18        For the purpose of this subsection, a management
19    company shall be defined as a person, partnership,
20    corporation, or other legal entity entitled to transact
21    business on behalf of others, acting on behalf of or as an
22    agent for a unit owner, unit owners or association of unit
23    owners for the purpose of carrying out the duties,
24    responsibilities, and other obligations necessary for the
25    day to day operation and management of any property subject
26    to this Act. For purposes of this subsection, the term



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1    "fiduciary insurance coverage" shall be defined as both a
2    fidelity bond and directors and officers liability
3    coverage, the fidelity bond in the full amount of
4    association funds and association reserves that will be in
5    the custody of the association, and the directors and
6    officers liability coverage at a level as shall be
7    determined to be reasonable by the board of managers, if
8    not otherwise established by the declaration or by laws.
9        Until one year after September 21, 1985 (the effective
10    date of Public Act 84-722), if a condominium association
11    has reserves plus assessments in excess of $250,000 and
12    cannot reasonably obtain 100% fidelity bond coverage for
13    such amount, then it must obtain a fidelity bond coverage
14    of $250,000.
15        (h) Method of estimating the amount of the annual
16    budget, and the manner of assessing and collecting from the
17    unit owners their respective shares of such estimated
18    expenses, and of any other expenses lawfully agreed upon.
19        (i) That upon 10 days notice to the manager or board of
20    managers and payment of a reasonable fee, any unit owner
21    shall be furnished a statement of his account setting forth
22    the amount of any unpaid assessments or other charges due
23    and owing from such owner.
24        (j) Designation and removal of personnel necessary for
25    the maintenance, repair and replacement of the common
26    elements.



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1        (k) Such restrictions on and requirements respecting
2    the use and maintenance of the units and the use of the
3    common elements, not set forth in the declaration, as are
4    designed to prevent unreasonable interference with the use
5    of their respective units and of the common elements by the
6    several unit owners.
7        (l) Method of adopting and of amending administrative
8    rules and regulations governing the operation and use of
9    the common elements.
10        (m) The percentage of votes required to modify or amend
11    the bylaws, but each one of the particulars set forth in
12    this section shall always be embodied in the bylaws.
13        (n)(i) The provisions of this Act, the declaration,
14    bylaws, other condominium instruments, and rules and
15    regulations that relate to the use of the individual unit
16    or the common elements shall be applicable to any person
17    leasing a unit and shall be deemed to be incorporated in
18    any lease executed or renewed on or after August 30, 1984
19    (the effective date of Public Act 83-1271).
20        (ii) With regard to any lease entered into subsequent
21    to July 1, 1990 (the effective date of Public Act 86-991),
22    the unit owner leasing the unit shall deliver a copy of the
23    signed lease to the board or if the lease is oral, a
24    memorandum of the lease, not later than the date of
25    occupancy or 10 days after the lease is signed, whichever
26    occurs first. In addition to any other remedies, by filing



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1    an action jointly against the tenant and the unit owner, an
2    association may seek to enjoin a tenant from occupying a
3    unit or seek to evict a tenant under the provisions of
4    Article IX of the Code of Civil Procedure for failure of
5    the lessor-owner to comply with the leasing requirements
6    prescribed by this Section or by the declaration, bylaws,
7    and rules and regulations. The board of managers may
8    proceed directly against a tenant, at law or in equity, or
9    under the provisions of Article IX of the Code of Civil
10    Procedure, for any other breach by tenant of any covenants,
11    rules, regulations or bylaws.
12        (o) The association shall have no authority to forbear
13    the payment of assessments by any unit owner.
14        (p) That when 30% or fewer of the units, by number,
15    possess over 50% in the aggregate of the votes in the
16    association, any percentage vote of members specified
17    herein or in the condominium instruments shall require the
18    specified percentage by number of units rather than by
19    percentage of interest in the common elements allocated to
20    units that would otherwise be applicable and garage units
21    or storage units, or both, shall have, in total, no more
22    votes than their aggregate percentage of ownership in the
23    common elements; this shall mean that if garage units or
24    storage units, or both, are to be given a vote, or portion
25    of a vote, that the association must add the total number
26    of votes cast of garage units, storage units, or both, and



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1    divide the total by the number of garage units, storage
2    units, or both, and multiply by the aggregate percentage of
3    ownership of garage units and storage units to determine
4    the vote, or portion of a vote, that garage units or
5    storage units, or both, have. For purposes of this
6    subsection (p), when making a determination of whether 30%
7    or fewer of the units, by number, possess over 50% in the
8    aggregate of the votes in the association, a unit shall not
9    include a garage unit or a storage unit.
10        (q) That a unit owner may not assign, delegate,
11    transfer, surrender, or avoid the duties,
12    responsibilities, and liabilities of a unit owner under
13    this Act, the condominium instruments, or the rules and
14    regulations of the Association; and that such an attempted
15    assignment, delegation, transfer, surrender, or avoidance
16    shall be deemed void.
17        (r) The amount of and procedures for the imposition of
18    the fine charged for disclosing information in a manner
19    inconsistent with subsection (g-5) of Section 19.
20    The provisions of this Section are applicable to all
21condominium instruments recorded under this Act. Any portion of
22a condominium instrument which contains provisions contrary to
23these provisions shall be void as against public policy and
24ineffective. Any such instrument which fails to contain the
25provisions required by this Section shall be deemed to
26incorporate such provisions by operation of law.



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1(Source: P.A. 99-472, eff. 6-1-16; 99-567, eff. 1-1-17; 99-642,
2eff. 7-28-16; 100-292, eff. 1-1-18; 100-416, eff. 1-1-18;
3revised 10-6-17.)
4    (765 ILCS 605/19)  (from Ch. 30, par. 319)
5    Sec. 19. Records of the association; availability for
7    (a) The board of managers of every association shall keep
8and maintain the following records, or true and complete copies
9of these records, at the association's principal office:
10        (1) the association's declaration, bylaws, and plats
11    of survey, and all amendments of these;
12        (2) the rules and regulations of the association, if
13    any;
14        (3) if the association is incorporated as a
15    corporation, the articles of incorporation of the
16    association and all amendments to the articles of
17    incorporation;
18        (4) minutes of all meetings of the association and its
19    board of managers for the immediately preceding 7 years;
20        (5) all current policies of insurance of the
21    association;
22        (6) all contracts, leases, and other agreements then in
23    effect to which the association is a party or under which
24    the association or the unit owners have obligations or
25    liabilities;



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



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1(4), (5), (6), and (9) of subsection (a) of this Section shall
2be entitled to recover reasonable attorney's fees and costs
3from the association.
4    (c) (Blank).
5    (d) (Blank).
6    (d-5) As used in this Section, "commercial purpose" means
7the use of any part of a record or records described in
8subdivisions (7) and (8) of subsection (a) of this Section, or
9information derived from such records, in any form for sale,
10resale, or solicitation or advertisement for sales or services.
11    (e) Except as otherwise provided in subsection (g) or (g-5)
12of this Section, any member of an association shall have the
13right to inspect, examine, and make copies of the records
14described in subdivisions (7) and (8) of subsection (a) of this
15Section, in person or by agent, at any reasonable time or times
16but only for a purpose that relates to the association, at the
17association's principal office. In order to exercise this
18right, a member must submit a written request, to the
19association's board of managers or its authorized agent,
20stating with particularity the records sought to be examined.
21As a condition for exercising this right, the board of managers
22or authorized agent of the association may require the member
23to certify in writing that the information contained in the
24records obtained by the member will not be used by the member
25for any commercial purpose or for any purpose that does not
26relate to the association. The board of managers of the



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



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1charged by the association to the requesting member.
2    (g) Notwithstanding the provisions of subsection (e) of
3this Section, unless otherwise directed by court order, an
4association need not make the following records available for
5inspection, examination, or copying by its members:
6        (1) documents relating to appointment, employment,
7    discipline, or dismissal of association employees;
8        (2) documents relating to actions pending against or on
9    behalf of the association or its board of managers in a
10    court or administrative tribunal;
11        (3) documents relating to actions threatened against,
12    or likely to be asserted on behalf of, the association or
13    its board of managers in a court or administrative
14    tribunal;
15        (4) documents relating to common expenses or other
16    charges owed by a member other than the requesting member;
17    and
18        (5) documents provided to an association in connection
19    with the lease, sale, or other transfer of a unit by a
20    member other than the requesting member.
21    (g-5) When collecting the information required in
22subdivision (7) of subsection (a), the association shall
23provide each member with the opportunity to specify whether the
24association may disclose the name, address, email address, or
25telephone numbers of the member to other association members in
26accordance with subsection (e). If a member indicates that he



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1or she does not want the information disclosed to other members
2of the association, the information shall not be disclosed
3under subsection (e). The association shall impose a fine upon
4any person who discloses the information in violation of the
5expressed wishes of the member.
6    (h) The provisions of this Section are applicable to all
7condominium instruments recorded under this Act. Any portion of
8a condominium instrument that contains provisions contrary to
9these provisions shall be void as against public policy and
10ineffective. Any condominium instrument that fails to contain
11the provisions required by this Section shall be deemed to
12incorporate the provisions by operation of law.
13(Source: P.A. 100-292, eff. 1-1-18; revised 10-6-17.)