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



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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 Section 19 as follows:
6    (765 ILCS 605/19)  (from Ch. 30, par. 319)
7    Sec. 19. Records of the association; availability for
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
17    corporation, the articles of incorporation of the
18    association and all amendments to the articles of
19    incorporation;
20        (4) minutes of all meetings of the association and its
21    board of managers for the immediately preceding 7 years;
22        (5) all current policies of insurance of the
23    association;



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



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1business days of receipt of the member's written request shall
2be deemed a denial.
3    Any member who prevails in an enforcement action to compel
4examination of records described in subdivisions (1), (2), (3),
5(4), (5), (6), and (9) of subsection (a) of this Section shall
6be entitled to recover reasonable attorney's fees and costs
7from the association.
8    (c) (Blank).
9    (d) (Blank).
10    (d-5) As used in this Section, "commercial purpose" means
11the use of any part of a record or records described in
12subdivisions (7) and (8) of subsection (a) of this Section, or
13information derived from such records, in any form for sale,
14resale, or solicitation or advertisement for sales or services.
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 managers
26or authorized agent of the association may require the member



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



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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 be
5charged 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 on
13    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 of



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1a condominium instrument that contains provisions contrary to
2these 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; revised 10-6-17.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.