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90_SB0408ham001
LRB9002802NTsbam01
1 AMENDMENT TO SENATE BILL 408
2 AMENDMENT NO. . Amend Senate Bill 408 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT concerning property, amending named Acts."; and
5 on page 1, below line 26, by inserting the following:
6 "Section 10. The Condominium Property Act is amended by
7 changing Section 19 as follows:
8 (765 ILCS 605/19) (from Ch. 30, par. 319)
9 Sec. 19. Records of the association; availability for
10 examination.
11 (a) The board of managers of every association shall
12 keep and maintain the following records, or true and complete
13 copies of these records, at the association's principal
14 office:
15 (1) the association's declaration, bylaws, and
16 plats of survey, and all amendments of these;
17 (2) the rules and regulations of the association,
18 if any;
19 (3) if the association is incorporated as a
20 corporation, the articles of incorporation of the
21 association and all amendments to the articles of
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1 incorporation;
2 (4) minutes of all meetings of the association and
3 its board of managers for the immediately preceding 7
4 years;
5 (5) all current policies of insurance of the
6 association;
7 (6) all contracts, leases, and other agreements
8 then in effect to which the association is a party or
9 under which the association or the unit owners have
10 obligations or liabilities;
11 (7) a current listing of the names, addresses, and
12 weighted vote of all members entitled to vote;
13 (8) ballots and proxies related to ballots for all
14 matters voted on by the members of the association during
15 the immediately preceding 12 months, including but not
16 limited to the election of members of the board of
17 managers; and
18 (9) the books and records of account for the
19 association's current and 10 immediately preceding fiscal
20 years, including but not limited to itemized and detailed
21 records of all receipts and expenditures. shall maintain
22 the following records of the association available for
23 examination and copying at convenient hours of weekdays
24 by the unit owners or their mortgagees and their duly
25 authorized agents or attorneys.
26 (1) Copies of the recorded Declaration, By-Laws,
27 other condominium instruments and any amendments,
28 Articles of Incorporation of the association, annual
29 reports and any rules and regulations adopted by the
30 association or its Board of Managers shall be available.
31 Prior to the organization of the association, the
32 developer shall maintain and make available the records
33 set forth in this subsection (a) for examination and
34 copying.
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1 (2) Detailed accurate records in chronological
2 order of the receipts and expenditures affecting the
3 common elements, specifying and itemizing the maintenance
4 and repair expenses of the common elements and any other
5 expenses incurred, and copies of all contracts, leases,
6 or other agreements entered into by the association shall
7 be maintained.
8 (3) The minutes of all meetings of the association
9 and the Board of Managers shall be maintained. The
10 association shall maintain these minutes for a period of
11 not less than 7 years.
12 (4) Ballots and proxies related thereto for all
13 elections to the Board of Managers and for any other
14 matters voted on by the unit owners shall be maintained
15 for a period of not less than 1 year; provided that for
16 associations that adopt the secret ballot election
17 process under Section 18 of this Act, unless directed by
18 court order, only the voting ballot excluding a unit
19 number shall be subject to inspection and copying.
20 (5) Such other records of the association as are
21 available for inspection by members of a not-for-profit
22 corporation pursuant to Section 107.75 of the General Not
23 For Profit Corporation Act of 1986 shall be maintained.
24 (6) With respect to units owned by a land trust, if
25 a trustee designates, in writing, a person to cast votes
26 on behalf of the unit owner, that designation shall
27 remain in effect until a subsequent document is filed
28 with the association.
29 (b) Any member of an association shall have the right to
30 inspect, examine, and make copies of the records described in
31 subdivisions (1), (2), (3), (4), and (5) of subsection (a) of
32 this Section, in person or by agent, at any reasonable time
33 or times, at the association's principal office. In order to
34 exercise this right, a member must submit a written request
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1 to the association's board of managers or its authorized
2 agent, stating with particularity the records sought to be
3 examined. Failure of an association's board of managers to
4 make available all records so requested within 30 days of
5 receipt of the member's written request shall be deemed a
6 denial.
7 Any member who prevails in an enforcement action to
8 compel examination of records described in subdivisions (1),
9 (2), (3), (4), and (5) of subsection (a) of this Section
10 shall be entitled to recover reasonable attorney's fees and
11 costs from the association. Where a request for records under
12 this Section is made in writing to the board of managers or
13 its agent, failure to provide the requested record or to
14 respond within 30 days shall be deemed a denial by the board
15 of managers.
16 (c) (Blank). A reasonable fee may be charged by the
17 association or its Board of Managers for the actual cost of
18 copying.
19 (d) (Blank). If the board of managers fails to provide
20 records properly requested under subsection (a) within the
21 time period provided in subsection (b), the unit owner may
22 seek the appropriate relief including an award of attorney's
23 fees and costs.
24 (e) Except as otherwise provided in subsection (f) of
25 this Section, any member of an association shall have the
26 right to inspect, examine, and make copies of the records
27 described in subdivisions (6), (7), (8), and (9) of
28 subsection (a) of this Section, in person or by agent, at any
29 reasonable time or times but only for a proper purpose, at
30 the association's principal office. In order to exercise
31 this right, a member must submit a written request, to the
32 association's board of managers or its authorized agent,
33 stating with particularity the records sought to be examined
34 and a proper purpose for the request. Subject to the
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1 provisions of subsection (f) of this Section, failure of an
2 association's board of managers to make available all records
3 so requested within 30 business days of receipt of the
4 member's written request shall be deemed a denial; provided,
5 however, that the board of managers of an association that
6 has adopted a secret ballot election process as provided in
7 Section 18 of this Act shall not be deemed to have denied a
8 member's request for records described in subdivision (8) of
9 subsection (a) of this Section if voting ballots, without
10 identifying unit numbers, are made available to the
11 requesting member within 30 days of receipt of the member's
12 written request.
13 In an action to compel examination of records described
14 in subdivisions (6), (7), (8), and (9) of subsection (a) of
15 this Section, the burden of proof is upon the member to
16 establish that the member's request is based on a proper
17 purpose. Any member who prevails in an enforcement action to
18 compel examination of records described in subdivisions (6),
19 (7), (8), and (9) of subsection (a) of this Section shall be
20 entitled to recover reasonable attorney's fees and costs from
21 the association only if the court finds that the board of
22 directors acted in bad faith in denying the member's request.
23 (f) The actual cost to the association of retrieving and
24 making requested records available for inspection and
25 examination under this Section shall be charged by the
26 association to the requesting member. If a member requests
27 copies of records requested under this Section, the actual
28 costs to the association of reproducing the records shall
29 also be charged by the association to the requesting member.
30 (g) Notwithstanding the provisions of subsection (e) of
31 this Section, unless otherwise directed by court order, an
32 association need not make the following records available for
33 inspection, examination, or copying by its members:
34 (1) documents relating to appointment, employment,
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1 discipline, or dismissal of association employees;
2 (2) documents relating to actions pending against
3 or on behalf of the association or its board of managers
4 in a court or administrative tribunal;
5 (3) documents relating to actions threatened
6 against, or probable of assertion on behalf of, the
7 association or its board of mangers in a court or
8 administrative tribunal;
9 (4) documents relating to common expenses or other
10 charges owed by a member other than the requesting
11 member; and
12 (5) documents provided to an association in
13 connection with the lease, sale, or other transfer of a
14 unit by a member other than the requesting member.
15 (h) The provisions of this Section are applicable to all
16 condominium instruments recorded under this Act. Any portion
17 of a condominium instrument that contains provisions contrary
18 to these provisions shall be void as against public policy
19 and ineffective. Any condominium instrument that fails to
20 contain the provisions required by this Section shall be
21 deemed to incorporate the provisions by operation of law.
22 (Source: P.A. 87-746; 88-135.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law, except that the provisions changing Section 1
25 of the Entry on Adjoining Land to Accomplish Repairs Act take
26 effect January 1, 1998.".