Illinois General Assembly - Full Text of SB0572
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Full Text of SB0572  100th General Assembly

SB0572sam001 100TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 1/24/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 572

2    AMENDMENT NO. ______. Amend Senate Bill 572 by replacing
3everything after the enacting clause with the following:
 
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 copies
11of these records, at the association's principal office:
12        (1) the association's declaration, bylaws, and plats
13    of survey, and all amendments of these;
14        (2) the rules and regulations of the association, if
15    any;
16        (3) if the association is incorporated as a

 

 

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1    corporation, the articles of incorporation of the
2    association and all amendments to the articles of
3    incorporation;
4        (4) minutes of all meetings of the association and its
5    board of managers for the immediately preceding 7 years;
6        (5) all current policies of insurance of the
7    association;
8        (6) all contracts, leases, and other agreements then in
9    effect to which the association is a party or under which
10    the association or the unit owners have obligations or
11    liabilities;
12        (7) a current listing of the names, addresses, email
13    addresses, telephone numbers, and weighted vote of all
14    members entitled to vote;
15        (8) ballots and proxies related to ballots for all
16    matters voted on by the members of the association during
17    the immediately preceding 12 months, including, but not
18    limited to, the election of members of the board of
19    managers; and
20        (9) the books and records for the association's current
21    and 10 immediately preceding fiscal years, including, but
22    not limited to, itemized and detailed records of all
23    receipts, expenditures, and accounts.
24    (b) Any member of an association shall have the right to
25inspect, examine, and make copies of the records described in
26subdivisions (1), (2), (3), (4), (5), (6), and (9) of

 

 

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

 

 

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

 

 

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

 

 

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1    charges owed by a member other than the requesting member;
2    and
3        (5) documents provided to an association in connection
4    with the lease, sale, or other transfer of a unit by a
5    member other than the requesting 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.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".