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 | 3 | | everything after the enacting clause with the following:
| 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 |
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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 | 25 | | inspect, examine,
and make copies of the records described in | 26 | | subdivisions (1), (2), (3), (4),
(5), (6), and (9) of |
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| 1 | | subsection (a) of this Section, in person or by agent, at any
| 2 | | reasonable time or times, at the association's principal | 3 | | office. In order
to exercise this right, a member must submit a | 4 | | written request to the
association's board of managers or its | 5 | | authorized agent, stating with
particularity the records | 6 | | sought to be examined. Failure of an association's
board of | 7 | | managers to make available all records so requested within 10 | 8 | | business days of
receipt of the member's written request shall | 9 | | be deemed a denial.
| 10 | | Any member who prevails in an enforcement action to compel | 11 | | examination of
records described in subdivisions (1), (2), (3), | 12 | | (4), (5), (6), and (9) of subsection (a)
of this Section shall | 13 | | be entitled to recover reasonable attorney's fees and
costs | 14 | | from the association.
| 15 | | (c) (Blank).
| 16 | | (d) (Blank).
| 17 | | (d-5) As used in this Section, "commercial purpose" means | 18 | | the use of any part of a record or records described in | 19 | | subdivisions (7) and (8) of subsection (a) of this Section, or | 20 | | information derived from such records, in any form for sale, | 21 | | resale, or solicitation or advertisement for sales or services. | 22 | | (e) Except as otherwise provided in subsection (g) of this
| 23 | | Section, any member of an association shall have the right to | 24 | | inspect, examine,
and make copies of the records described in | 25 | | subdivisions (7) and (8) of subsection (a) of this Section, in | 26 | | person or by agent, at any reasonable
time or times but only |
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| 1 | | for a purpose that relates to the association, at the | 2 | | association's principal
office. In order to exercise this | 3 | | right, a member must submit a written
request, to the | 4 | | association's board of managers or its authorized agent,
| 5 | | stating with particularity the records sought to be examined. | 6 | | As a condition for exercising this right, the board of managers | 7 | | or authorized agent of the association may require the member | 8 | | to certify in writing that the information contained in the | 9 | | records obtained by the member will not be used by the member | 10 | | for any commercial purpose or for any purpose that does not | 11 | | relate to the association. The board of managers of the | 12 | | association may impose a fine in accordance with item (l) of | 13 | | Section 18.4 upon any person who makes a false certification. | 14 | | Subject to the provisions of subsection (g) of this Section, | 15 | | failure of an association's board of managers to make
available | 16 | | all records so requested within 10 business days of receipt of | 17 | | the
member's written request shall be deemed a denial; | 18 | | provided, however, that the
board of managers of an association | 19 | | that has adopted a secret ballot election
process as provided | 20 | | in Section 18 of this Act shall not be deemed to have
denied a | 21 | | member's request for records described in subdivision (8) of
| 22 | | subsection (a) of this Section if voting ballots, without | 23 | | identifying unit
numbers, are made available to the requesting | 24 | | member within 10 business days of receipt
of the member's | 25 | | written request.
| 26 | | Any member who prevails in an enforcement action to compel
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| 1 | | examination of records described in subdivision subdivisions | 2 | | (7) or (8) of
subsection (a) of this Section shall be entitled | 3 | | to recover reasonable
attorney's fees and costs from the | 4 | | association only if the court finds that
the board of directors | 5 | | acted in bad faith in denying the member's request.
| 6 | | (f) The actual cost to the association of retrieving and | 7 | | making requested
records available for inspection and | 8 | | examination under this Section may be
charged by the | 9 | | association to the requesting member. If a member requests
| 10 | | copies of records requested under this Section, the actual | 11 | | costs to the
association of reproducing the records may also be | 12 | | charged by the association
to the requesting member.
| 13 | | (g) Notwithstanding the provisions of subsection (e) of | 14 | | this Section, unless
otherwise directed by court order, an | 15 | | association need not make the following
records available for | 16 | | inspection, 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 | 7 | | condominium
instruments recorded under this Act. Any portion of | 8 | | a condominium instrument
that contains provisions contrary to | 9 | | these provisions shall be void as against
public policy and | 10 | | ineffective. Any condominium instrument that fails to
contain | 11 | | the provisions required by this Section shall be deemed to | 12 | | incorporate
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 | 15 | | becoming law.".
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