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Public Act 102-0921


 

Public Act 0921 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0921
 
HB4158 EnrolledLRB102 20110 LNS 28960 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Common Interest Community Association Act
is amended by changing Sections 1-30 and 1-90 as follows:
 
    (765 ILCS 160/1-30)
    Sec. 1-30. Board duties and obligations; records.
    (a) The board shall meet at least 4 times annually.
    (b) A common interest community association may not enter
into a contract with a current board member, or with a
corporation, limited liability company, or partnership in
which a board member or a member of his or her immediate family
has 25% or more interest, unless notice of intent to enter into
the contract is given to members within 20 days after a
decision is made to enter into the contract and the members are
afforded an opportunity by filing a petition, signed by 20% of
the membership, for an election to approve or disapprove the
contract; such petition shall be filed within 20 days after
such notice and such election shall be held within 30 days
after filing the petition. For purposes of this subsection, a
board member's immediate family means the board member's
spouse, parents, siblings, and children.
    (c) The bylaws or operating agreement shall provide for
the maintenance, repair, and replacement of the common areas
and payments therefor, including the method of approving
payment vouchers.
    (d) (Blank).
    (e) The association may engage the services of a manager
or management company.
    (f) The association shall have one class of membership
unless the declaration, bylaws, or operating agreement provide
otherwise; however, this subsection (f) shall not be construed
to limit the operation of subsection (c) of Section 1-20 of
this Act.
    (g) The board shall have the power, after notice and an
opportunity to be heard, to levy and collect reasonable fines
from members or unit owners for violations of the declaration,
bylaws, operating agreement, and rules and regulations of the
common interest community association.
    (h) Other than attorney's fees and court or arbitration
costs, no fees pertaining to the collection of a member's or
unit owner's financial obligation to the association,
including fees charged by a manager or managing agent, shall
be added to and deemed a part of a member's or unit owner's
respective share of the common expenses unless: (i) the
managing agent fees relate to the costs to collect common
expenses for the association; (ii) the fees are set forth in a
contract between the managing agent and the association; and
(iii) the authority to add the management fees to a member's or
unit owner's respective share of the common expenses is
specifically stated in the declaration, bylaws, or operating
agreement of the association.
    (i) Board records.
        (1) The board shall maintain the following records of
    the association and make them available for examination
    and copying at convenient hours of weekdays by any member
    or unit owner in a common interest community subject to
    the authority of the board, their mortgagees, and their
    duly authorized agents or attorneys:
            (i) Copies of the recorded declaration, other
        community instruments, other duly recorded covenants
        and bylaws and any amendments, articles of
        incorporation, articles of organization, annual
        reports, and any rules and regulations adopted by the
        board shall be available. Prior to the organization of
        the board, the developer shall maintain and make
        available the records set forth in this paragraph (i)
        for examination and copying.
            (ii) Detailed and accurate records in
        chronological order of the receipts and expenditures
        affecting the common areas, specifying and itemizing
        the maintenance and repair expenses of the common
        areas and any other expenses incurred, and copies of
        all contracts, leases, or other agreements entered
        into by the board shall be maintained.
            (iii) The minutes of all meetings of the board
        which shall be maintained for not less than 7 years.
            (iv) With a written statement of a proper purpose,
        ballots and proxies related thereto, if any, for any
        election held for the board and for any other matters
        voted on by the members, which shall be maintained for
        not less than one year.
            (v) With a written statement of a proper purpose,
        such other records of the board as are available for
        inspection by members of a not-for-profit corporation
        pursuant to Section 107.75 of the General Not For
        Profit Corporation Act of 1986 shall be maintained.
            (vi) With respect to units owned by a land trust, a
        living trust, or other legal entity, the trustee,
        officer, or manager of the entity may designate, in
        writing, a person to cast votes on behalf of the member
        or unit owner and a designation shall remain in effect
        until a subsequent document is filed with the
        association.
            (vii) Any reserve study.
        (2) Where a request for records under this subsection
    is made in writing to the board or its agent, failure to
    provide the requested record or to respond within 30 days
    shall be deemed a denial by the board.
        (3) A reasonable fee may be charged by the board for
    the cost of retrieving and copying records properly
    requested.
        (4) If the board fails to provide records properly
    requested under paragraph (1) of this subsection (i)
    within the time period provided in that paragraph (1), the
    member may seek appropriate relief and shall be entitled
    to an award of reasonable attorney's fees and costs if the
    member prevails and the court finds that such failure is
    due to the acts or omissions of the board of managers or
    the board of directors.
    (j) The board shall have standing and capacity to act in a
representative capacity in relation to matters involving the
common areas or more than one unit, on behalf of the members or
unit owners as their interests may appear.
(Source: P.A. 98-232, eff. 1-1-14; 98-241, eff. 8-9-13;
98-756, eff. 7-16-14; 99-41, eff. 7-14-15.)
 
    (765 ILCS 160/1-90)
    (Section scheduled to be repealed on July 1, 2022)
    Sec. 1-90. Compliance with the Condominium and Common
Interest Community Ombudsperson Act. Every common interest
community association, except for those exempt from this Act
under Section 1-75, must comply with the Condominium and
Common Interest Community Ombudsperson Act and is subject to
all provisions of the Condominium and Common Interest
Community Ombudsperson Act. This Section is repealed January
1, 2024 July 1, 2022.
(Source: P.A. 99-776, eff. 8-12-16; 100-201, eff. 8-18-17.)
 
    Section 10. The Condominium Property Act is amended by
changing Sections 19 and 35 as follows:
 
    (765 ILCS 605/19)  (from Ch. 30, par. 319)
    Sec. 19. Records of the association; availability for
examination.
    (a) The board of managers of every association shall keep
and maintain the following records, or true and complete
copies of these records, at the association's principal
office:
        (1) the association's declaration, bylaws, and plats
    of survey, and all amendments of these;
        (2) the rules and regulations of the association, if
    any;
        (3) if the association is incorporated as a
    corporation, the articles of incorporation of the
    association and all amendments to the articles of
    incorporation;
        (4) minutes of all meetings of the association and its
    board of managers for the immediately preceding 7 years;
        (5) all current policies of insurance of the
    association;
        (6) all contracts, leases, and other agreements then
    in effect to which the association is a party or under
    which the association or the unit owners have obligations
    or liabilities;
        (7) a current listing of the names, addresses, email
    addresses, telephone numbers, and weighted vote of all
    members entitled to vote;
        (8) ballots and proxies related to ballots for all
    matters voted on by the members of the association during
    the immediately preceding 12 months, including, but not
    limited to, the election of members of the board of
    managers; and
        (9) the books and records for the association's
    current and 10 immediately preceding fiscal years,
    including, but not limited to, itemized and detailed
    records of all receipts, expenditures, and accounts; and
        (10) any reserve study.
    (b) Any member of an association shall have the right to
inspect, examine, and make copies of the records described in
subdivisions (1), (2), (3), (4), (5), (6), and (9), and (10) of
subsection (a) of this Section, in person or by agent, at any
reasonable time or times, at the association's principal
office. In order to exercise this right, a member must submit a
written request to the association's board of managers or its
authorized agent, stating with particularity the records
sought to be examined. Failure of an association's board of
managers to make available all records so requested within 10
business days of receipt of the member's written request shall
be deemed a denial.
    Any member who prevails in an enforcement action to compel
examination of records described in subdivisions (1), (2),
(3), (4), (5), (6), and (9), and (10) of subsection (a) of this
Section shall be entitled to recover reasonable attorney's
fees and costs from the association.
    (c) (Blank).
    (d) (Blank).
    (d-5) As used in this Section, "commercial purpose" means
the use of any part of a record or records described in
subdivisions (7) and (8) of subsection (a) of this Section, or
information derived from such records, in any form for sale,
resale, or solicitation or advertisement for sales or
services.
    (e) Except as otherwise provided in subsection (g) of this
Section, any member of an association shall have the right to
inspect, examine, and make copies of the records described in
subdivisions (7) and (8) of subsection (a) of this Section, in
person or by agent, at any reasonable time or times but only
for a purpose that relates to the association, at the
association's principal office. In order to exercise this
right, a member must submit a written request, to the
association's board of managers or its authorized agent,
stating with particularity the records sought to be examined.
As a condition for exercising this right, the board of
managers or authorized agent of the association may require
the member to certify in writing that the information
contained in the records obtained by the member will not be
used by the member for any commercial purpose or for any
purpose that does not relate to the association. The board of
managers of the association may impose a fine in accordance
with item (l) of Section 18.4 upon any person who makes a false
certification. Subject to the provisions of subsection (g) of
this Section, failure of an association's board of managers to
make available all records so requested within 10 business
days of receipt of the member's written request shall be
deemed a denial; provided, however, that the board of managers
of an association that has adopted a secret ballot election
process as provided in Section 18 of this Act shall not be
deemed to have denied a member's request for records described
in subdivision (8) of subsection (a) of this Section if voting
ballots, without identifying unit numbers, are made available
to the requesting member within 10 business days of receipt of
the member's written request.
    Any member who prevails in an enforcement action to compel
examination of records described in subdivision (7) or (8) of
subsection (a) of this Section shall be entitled to recover
reasonable attorney's fees and costs from the association only
if the court finds that the board of directors acted in bad
faith in denying the member's request.
    (f) The actual cost to the association of retrieving and
making requested records available for inspection and
examination under this Section may be charged by the
association to the requesting member. If a member requests
copies of records requested under this Section, the actual
costs to the association of reproducing the records may also
be charged by the association to the requesting member.
    (g) Notwithstanding the provisions of subsection (e) of
this Section, unless otherwise directed by court order, an
association need not make the following records available for
inspection, examination, or copying by its members:
        (1) documents relating to appointment, employment,
    discipline, or dismissal of association employees;
        (2) documents relating to actions pending against or
    on behalf of the association or its board of managers in a
    court or administrative tribunal;
        (3) documents relating to actions threatened against,
    or likely to be asserted on behalf of, the association or
    its board of managers in a court or administrative
    tribunal;
        (4) documents relating to common expenses or other
    charges owed by a member other than the requesting member;
    and
        (5) documents provided to an association in connection
    with the lease, sale, or other transfer of a unit by a
    member other than the requesting member.
    (h) The provisions of this Section are applicable to all
condominium instruments recorded under this Act. Any portion
of a condominium instrument that contains provisions contrary
to these provisions shall be void as against public policy and
ineffective. Any condominium instrument that fails to contain
the provisions required by this Section shall be deemed to
incorporate the provisions by operation of law.
(Source: P.A. 100-292, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
    (765 ILCS 605/35)
    (Section scheduled to be repealed on July 1, 2022)
    Sec. 35. Compliance with the Condominium and Common
Interest Community Ombudsperson Act. Every unit owners'
association must comply with the Condominium and Common
Interest Community Ombudsperson Act and is subject to all
provisions of the Condominium and Common Interest Community
Ombudsperson Act. This Section is repealed January 1, 2024
July 1, 2022.
(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.
99-776 for effective date of P.A. 98-1135); 99-776, eff.
8-12-16.)
 
    Section 15. The Condominium and Common Interest Community
Ombudsperson Act is amended by changing Section 70 as follows:
 
    (765 ILCS 615/70)
    (Section scheduled to be repealed on July 1, 2022)
    Sec. 70. Repeal. This Act is repealed on January 1, 2024
July 1, 2022.
(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.
99-776 for effective date of P.A. 98-1135); 99-776, eff.
8-12-16.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/27/2022