(765 ILCS 740/5) (from Ch. 80, par. 355)
Sec. 5.
Disclosure of utility payments included in rent.
(a) No landlord may demand payment for master metered public utility
services pursuant to a lease provision providing for tenant payment of a
proportionate share of public utility service without the landlord first
providing the tenant with a copy in writing either as part of the lease or
another written agreement of the formula used by the landlord for
allocating the public utility payments among the tenants. The total of
payments under the formula for the building as a whole for a billing
period may not exceed the sum demanded by the public utility. The formula
shall include all those that use that public utility service and may
reflect variations in apartment size or usage. The landlord shall also
make available to the tenant upon request a copy of the public utility bill
for any billing period for which payment is demanded. Nothing herein shall
preclude a landlord from leasing property to a tenant, including the cost
of utilities, for a rental which does not segregate or allocate the cost of
the utilities.
(b) No condominium or common interest community association may demand
payment for master metered public utility services from a unit owner of a
proportionate share for public utility service without the condominium or
common interest community association first providing the unit owner with a
copy in writing of the formula used by the association for allocating the
public utility payments among the unit owners. The total of payments under the
formula for the association as a whole for the annual budgeted billing period
may not exceed the sum demanded by the public utility, provided however, that
the board of directors of the association may direct that any payments received
by the association in excess of actual utility bills be applied to other
budgeted items having a deficit, or be applied to the association's reserve
fund, or be credited to the account of the unit owners for the following year's
budget. The formula shall include all those that use that public utility
service and may reflect, but is not limited to, percent interest, unit size, or
usage. The condominium or common interest community association shall also
make available to the unit owner upon request a copy of the public utility bill
for any billing period for which payment is demanded. A condominium
association shall have the right to establish and maintain a system of master
metering of public utility services pursuant to Section 18.4 of the Condominium
Property Act. A common interest community association shall have the right to
establish and maintain a system of master metering of public utility services
pursuant to Section 18.5 of the Condominium Property Act.
(Source: P.A. 87-176; 88-417.)
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