Full Text of HB2627 100th General Assembly
HB2627 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2627 Introduced , by Rep. Laura Fine 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. Deletes language providing that: specified records may be inspected only for a proper purpose; and in an action to compel examination of specified records, the burden of proof is
upon the member to establish that the member's request is based on a proper
purpose.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Condominium Property Act is amended by | 5 | | changing Section 19 as follows:
| 6 | | (765 ILCS 605/19) (from Ch. 30, par. 319)
| 7 | | Sec. 19. Records of the association; availability for | 8 | | examination.
| 9 | | (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:
| 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, and | 6 | | weighted vote of all
members entitled to vote;
| 7 | | (8) ballots and proxies related to ballots for all | 8 | | matters voted on by
the members of the association during | 9 | | the immediately preceding 12 months,
including but not | 10 | | limited to the election of members of the board of | 11 | | managers;
and
| 12 | | (9) the books and records of account for the | 13 | | association's current and 10
immediately preceding fiscal | 14 | | years, including but not limited to itemized and
detailed | 15 | | records of all receipts and expenditures.
| 16 | | (b) Any member of an association shall have the right to | 17 | | inspect, examine,
and make copies of the records described in | 18 | | subdivisions (1), (2), (3), (4),
and (5) of subsection (a) of | 19 | | this Section, in person or by agent, at any
reasonable time or | 20 | | times, at the association's principal office. In order
to | 21 | | exercise this right, a member must submit a written request to | 22 | | the
association's board of managers or its authorized agent, | 23 | | stating with
particularity the records sought to be examined. | 24 | | Failure of an association's
board of managers to make available | 25 | | all records so requested within 30 days of
receipt of the | 26 | | member's written request shall be deemed a denial.
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| 1 | | Any member who prevails in an enforcement action to compel | 2 | | examination of
records described in subdivisions (1), (2), (3), | 3 | | (4), and (5) of subsection (a)
of this Section shall be | 4 | | entitled to recover reasonable attorney's fees and
costs from | 5 | | the association.
| 6 | | (c) (Blank).
| 7 | | (d) (Blank).
| 8 | | (e) Except as otherwise provided in subsection (g) of this
| 9 | | Section, any member of an association shall have the right to | 10 | | inspect, examine,
and make copies of the records described in | 11 | | subdivisions (6), (7), (8), and
(9) of subsection (a) of this | 12 | | Section, in person or by agent, at any reasonable
time or times | 13 | | but only for a proper purpose , at the association's principal
| 14 | | office. In order to exercise this right, a member must submit a | 15 | | written
request, to the association's board of managers or its | 16 | | authorized agent,
stating with particularity the records | 17 | | sought to be examined and a proper
purpose for the request . | 18 | | Subject to the provisions of subsection (g) of this Section, | 19 | | failure of an association's board of managers to make
available | 20 | | all records so requested within 30 business days of receipt of | 21 | | the
member's written request shall be deemed a denial; | 22 | | provided, however, that the
board of managers of an association | 23 | | that has adopted a secret ballot election
process as provided | 24 | | in Section 18 of this Act shall not be deemed to have
denied a | 25 | | member's request for records described in subdivision (8) of
| 26 | | subsection (a) of this Section if voting ballots, without |
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| 1 | | identifying unit
numbers, are made available to the requesting | 2 | | member within 30 days of receipt
of the member's written | 3 | | request.
| 4 | | In an action to compel examination of records described in | 5 | | subdivisions (6),
(7), (8), and (9) of subsection (a) of this | 6 | | Section, the burden of proof is
upon the member to establish | 7 | | that the member's request is based on a proper
purpose. Any | 8 | | member who prevails in an enforcement action to compel
| 9 | | examination of records described in subdivisions (6), (7), (8), | 10 | | and (9) of
subsection (a) of this Section shall be entitled to | 11 | | recover reasonable
attorney's fees and costs from the | 12 | | association only if the court finds that
the board of directors | 13 | | acted in bad faith in denying the member's request.
| 14 | | (f) The actual cost to the association of retrieving and | 15 | | making requested
records available for inspection and | 16 | | examination under this Section shall be
charged by the | 17 | | association to the requesting member. If a member requests
| 18 | | copies of records requested under this Section, the actual | 19 | | costs to the
association of reproducing the records shall also | 20 | | be charged by the association
to the requesting member.
| 21 | | (g) Notwithstanding the provisions of subsection (e) of | 22 | | this Section, unless
otherwise directed by court order, an | 23 | | association need not make the following
records available for | 24 | | inspection, examination, or copying by its members:
| 25 | | (1) documents relating to appointment, employment, | 26 | | discipline, or
dismissal of association employees;
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| 1 | | (2) documents relating to actions pending against or on | 2 | | behalf of the
association or its board of managers in a | 3 | | court or administrative tribunal;
| 4 | | (3) documents relating to actions threatened against, | 5 | | or likely to be
asserted on behalf of, the association or | 6 | | its board of managers in a court or
administrative | 7 | | tribunal;
| 8 | | (4) documents relating to common expenses or other | 9 | | charges owed by a
member other than the requesting member; | 10 | | and
| 11 | | (5) documents provided to an association in connection | 12 | | with the lease,
sale, or other transfer of a unit by a | 13 | | member other than the requesting member.
| 14 | | (h) The provisions of this Section are applicable to all | 15 | | condominium
instruments recorded under this Act. Any portion of | 16 | | a condominium instrument
that contains provisions contrary to | 17 | | these provisions shall be void as against
public policy and | 18 | | ineffective. Any condominium instrument that fails to
contain | 19 | | the provisions required by this Section shall be deemed to | 20 | | incorporate
the provisions by operation of law.
| 21 | | (Source: P.A. 90-496, eff. 8-18-97; 90-655, eff. 7-30-98.)
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