| ||||
Public Act 102-0921 | ||||
| ||||
| ||||
AN ACT concerning civil law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Common Interest Community Association Act | ||||
is amended by changing Sections 1-30 and 1-90 as follows: | ||||
(765 ILCS 160/1-30)
| ||||
Sec. 1-30. Board duties and obligations; records. | ||||
(a) The board shall meet at least 4 times annually. | ||||
(b) A common interest community association may not enter | ||||
into a contract with a current board member, or with a | ||||
corporation, limited liability company, or partnership in | ||||
which a board member or a member of his or her immediate family | ||||
has 25% or more interest, unless notice of intent to enter into | ||||
the contract is given to members within 20 days after a | ||||
decision is made to enter into the contract and the members are | ||||
afforded an opportunity by filing a petition, signed by 20% of | ||||
the membership, for an election to approve or disapprove the | ||||
contract; such petition shall be filed within 20 days after | ||||
such notice and such election shall be held within 30 days | ||||
after filing the petition. For purposes of this subsection, a | ||||
board member's immediate family means the board member's | ||||
spouse, parents, siblings, and children. | ||||
(c) The bylaws or operating agreement shall provide for |
the maintenance, repair, and replacement of the common areas | ||
and payments therefor, including the method of approving | ||
payment vouchers. | ||
(d) (Blank). | ||
(e) The association may engage the services of a manager | ||
or management company. | ||
(f) The association shall have one class of membership | ||
unless the declaration, bylaws, or operating agreement provide | ||
otherwise; however, this subsection (f) shall not be construed | ||
to limit the operation of subsection (c) of Section 1-20 of | ||
this Act. | ||
(g) The board shall have the power, after notice and an | ||
opportunity to be heard, to levy and collect reasonable fines | ||
from members or unit owners for violations of the declaration, | ||
bylaws, operating agreement, and rules and regulations of the | ||
common interest community association. | ||
(h) Other than attorney's fees and court or arbitration | ||
costs, no fees pertaining to the collection of a member's or | ||
unit owner's financial obligation to the association, | ||
including fees charged by a manager or managing agent, shall | ||
be added to and deemed a part of a member's or unit owner's | ||
respective share of the common expenses unless: (i) the | ||
managing agent fees relate to the costs to collect common | ||
expenses for the association; (ii) the fees are set forth in a | ||
contract between the managing agent and the association; and | ||
(iii) the authority to add the management fees to a member's or |
unit owner's respective share of the common expenses is | ||
specifically stated in the declaration, bylaws, or operating | ||
agreement of the association. | ||
(i) Board records. | ||
(1) The board shall maintain the following records of | ||
the association and make them available for examination | ||
and copying at convenient hours of weekdays by any member | ||
or unit owner in a common interest community subject to | ||
the authority of the board, their mortgagees, and their | ||
duly authorized agents or attorneys: | ||
(i) Copies of the recorded declaration, other | ||
community instruments, other duly recorded covenants | ||
and bylaws and any amendments, articles of | ||
incorporation, articles of organization, annual | ||
reports, and any rules and regulations adopted by the | ||
board shall be available. Prior to the organization of | ||
the board, the developer shall maintain and make | ||
available the records set forth in this paragraph (i) | ||
for examination and copying. | ||
(ii) Detailed and accurate records in | ||
chronological order of the receipts and expenditures | ||
affecting the common areas, specifying and itemizing | ||
the maintenance and repair expenses of the common | ||
areas and any other expenses incurred, and copies of | ||
all contracts, leases, or other agreements entered | ||
into by the board shall be maintained. |
(iii) The minutes of all meetings of the board | ||
which shall be maintained for not less than 7 years. | ||
(iv) With a written statement of a proper purpose, | ||
ballots and proxies related thereto, if any, for any | ||
election held for the board and for any other matters | ||
voted on by the members, which shall be maintained for | ||
not less than one year. | ||
(v) With a written statement of a proper purpose, | ||
such other records of the board as are available for | ||
inspection by members of a not-for-profit corporation | ||
pursuant to Section 107.75 of the General Not For | ||
Profit Corporation Act of 1986 shall be maintained. | ||
(vi) With respect to units owned by a land trust, a | ||
living trust, or other legal entity, the trustee, | ||
officer, or manager of the entity may designate, in | ||
writing, a person to cast votes on behalf of the member | ||
or unit owner and a designation shall remain in effect | ||
until a subsequent document is filed with the | ||
association. | ||
(vii) Any reserve study. | ||
(2) Where a request for records under this subsection | ||
is made in writing to the board or its agent, failure to | ||
provide the requested record or to respond within 30 days | ||
shall be deemed a denial by the board. | ||
(3) A reasonable fee may be charged by the board for | ||
the cost of retrieving and copying records properly |
requested. | ||
(4) If the board fails to provide records properly | ||
requested under paragraph (1) of this subsection (i) | ||
within the time period provided in that paragraph (1), the | ||
member may seek appropriate relief and shall be entitled | ||
to an award of reasonable attorney's fees and costs if the | ||
member prevails and the court finds that such failure is | ||
due to the acts or omissions of the board of managers or | ||
the board of directors. | ||
(j) The board shall have standing and capacity to act in a | ||
representative capacity in relation to matters involving the | ||
common areas or more than one unit, on behalf of the members or | ||
unit owners as their interests may appear.
| ||
(Source: P.A. 98-232, eff. 1-1-14; 98-241, eff. 8-9-13; | ||
98-756, eff. 7-16-14; 99-41, eff. 7-14-15.) | ||
(765 ILCS 160/1-90) | ||
(Section scheduled to be repealed on July 1, 2022) | ||
Sec. 1-90. Compliance with the Condominium and Common | ||
Interest Community Ombudsperson Act. Every common interest | ||
community association, except for those exempt from this Act | ||
under Section 1-75, must comply with the Condominium and | ||
Common Interest Community Ombudsperson Act and is subject to | ||
all provisions of the Condominium and Common Interest | ||
Community Ombudsperson Act. This Section is repealed January | ||
1, 2024 July 1, 2022 .
|
(Source: P.A. 99-776, eff. 8-12-16; 100-201, eff. 8-18-17.) | ||
Section 10. The Condominium Property Act is amended by | ||
changing Sections 19 and 35 as follows:
| ||
(765 ILCS 605/19) (from Ch. 30, par. 319)
| ||
Sec. 19. Records of the association; availability for | ||
examination.
| ||
(a) The board of managers of every association shall keep | ||
and maintain the
following records, or true and complete | ||
copies of these records, at the
association's principal | ||
office:
| ||
(1) the association's declaration, bylaws, and plats | ||
of survey, and all
amendments of these;
| ||
(2) the rules and regulations of the association, if | ||
any;
| ||
(3) if the association is incorporated as a | ||
corporation, the articles
of incorporation of the | ||
association and all amendments to the articles of
| ||
incorporation;
| ||
(4) minutes of all meetings of the association and its | ||
board of managers
for the immediately preceding 7 years;
| ||
(5) all current policies of insurance of the | ||
association;
| ||
(6) all contracts, leases, and other agreements then | ||
in effect to which
the association is a party or under |
which the association or the unit owners
have obligations | ||
or liabilities;
| ||
(7) a current listing of the names, addresses, email | ||
addresses, telephone numbers, and weighted vote of all
| ||
members entitled to vote;
| ||
(8) ballots and proxies related to ballots for all | ||
matters voted on by
the members of the association during | ||
the immediately preceding 12 months,
including, but not | ||
limited to, the election of members of the board of | ||
managers;
and
| ||
(9) the books and records for the association's | ||
current and 10
immediately preceding fiscal years, | ||
including, but not limited to, itemized and
detailed | ||
records of all receipts, expenditures, and accounts ; and | ||
(10) any reserve study .
| ||
(b) Any member of an association shall have the right to | ||
inspect, examine,
and make copies of the records described in | ||
subdivisions (1), (2), (3), (4),
(5), (6), and (9) , and (10) of | ||
subsection (a) of this Section, in person or by agent, at any
| ||
reasonable time or times, at the association's principal | ||
office. In order
to exercise this right, a member must submit a | ||
written request to the
association's board of managers or its | ||
authorized agent, stating with
particularity the records | ||
sought to be examined. Failure of an association's
board of | ||
managers to make available all records so requested within 10 | ||
business days of
receipt of the member's written request shall |
be deemed a denial.
| ||
Any member who prevails in an enforcement action to compel | ||
examination of
records described in subdivisions (1), (2), | ||
(3), (4), (5), (6), and (9) , and (10) of subsection (a)
of this | ||
Section shall be entitled to recover reasonable attorney's | ||
fees and
costs from the association.
| ||
(c) (Blank).
| ||
(d) (Blank).
| ||
(d-5) As used in this Section, "commercial purpose" means | ||
the use of any part of a record or records described in | ||
subdivisions (7) and (8) of subsection (a) of this Section, or | ||
information derived from such records, in any form for sale, | ||
resale, or solicitation or advertisement for sales or | ||
services. | ||
(e) Except as otherwise provided in subsection (g) of this
| ||
Section, any member of an association shall have the right to | ||
inspect, examine,
and make copies of the records described in | ||
subdivisions (7) and (8) of subsection (a) of this Section, in | ||
person or by agent, at any reasonable
time or times but only | ||
for a purpose that relates to the association, at the | ||
association's principal
office. In order to exercise this | ||
right, a member must submit a written
request, to the | ||
association's board of managers or its authorized agent,
| ||
stating with particularity the records sought to be examined. | ||
As a condition for exercising this right, the board of | ||
managers or authorized agent of the association may require |
the member to certify in writing that the information | ||
contained in the records obtained by the member will not be | ||
used by the member for any commercial purpose or for any | ||
purpose that does not relate to the association. The board of | ||
managers of the association may impose a fine in accordance | ||
with item (l) of Section 18.4 upon any person who makes a false | ||
certification. Subject to the provisions of subsection (g) of | ||
this Section, failure of an association's board of managers to | ||
make
available all records so requested within 10 business | ||
days of receipt of the
member's written request shall be | ||
deemed a denial; provided, however, that the
board of managers | ||
of an association that has adopted a secret ballot election
| ||
process as provided in Section 18 of this Act shall not be | ||
deemed to have
denied a member's request for records described | ||
in subdivision (8) of
subsection (a) of this Section if voting | ||
ballots, without identifying unit
numbers, are made available | ||
to the requesting member within 10 business days of receipt
of | ||
the member's written request.
| ||
Any member who prevails in an enforcement action to compel
| ||
examination of records described in subdivision (7) or (8) of
| ||
subsection (a) of this Section shall be entitled to recover | ||
reasonable
attorney's fees and costs from the association only | ||
if the court finds that
the board of directors acted in bad | ||
faith in denying the member's request.
| ||
(f) The actual cost to the association of retrieving and | ||
making requested
records available for inspection and |
examination under this Section may be
charged by the | ||
association to the requesting member. If a member requests
| ||
copies of records requested under this Section, the actual | ||
costs to the
association of reproducing the records may also | ||
be charged by the association
to the requesting member.
| ||
(g) Notwithstanding the provisions of subsection (e) of | ||
this Section, unless
otherwise directed by court order, an | ||
association need not make the following
records available for | ||
inspection, examination, or copying by its members:
| ||
(1) documents relating to appointment, employment, | ||
discipline, or
dismissal of association employees;
| ||
(2) documents relating to actions pending against or | ||
on behalf of the
association or its board of managers in a | ||
court or administrative tribunal;
| ||
(3) documents relating to actions threatened against, | ||
or likely to be
asserted on behalf of, the association or | ||
its board of managers in a court or
administrative | ||
tribunal;
| ||
(4) documents relating to common expenses or other | ||
charges owed by a
member other than the requesting member; | ||
and
| ||
(5) documents provided to an association in connection | ||
with the lease,
sale, or other transfer of a unit by a | ||
member other than the requesting member.
| ||
(h) The provisions of this Section are applicable to all | ||
condominium
instruments recorded under this Act. Any portion |
of a condominium instrument
that contains provisions contrary | ||
to these provisions shall be void as against
public policy and | ||
ineffective. Any condominium instrument that fails to
contain | ||
the provisions required by this Section shall be deemed to | ||
incorporate
the provisions by operation of law.
| ||
(Source: P.A. 100-292, eff. 1-1-18; 100-863, eff. 8-14-18.)
| ||
(765 ILCS 605/35) | ||
(Section scheduled to be repealed on July 1, 2022) | ||
Sec. 35. Compliance with the Condominium and Common | ||
Interest Community Ombudsperson Act. Every unit owners' | ||
association must comply with the Condominium and Common | ||
Interest Community Ombudsperson Act and is subject to all | ||
provisions of the Condominium and Common Interest Community | ||
Ombudsperson Act. This Section is repealed January 1, 2024 | ||
July 1, 2022 .
| ||
(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A. | ||
99-776 for effective date of P.A. 98-1135); 99-776, eff. | ||
8-12-16 .)
| ||
Section 15. The Condominium and Common Interest Community | ||
Ombudsperson Act is amended by changing Section 70 as follows: | ||
(765 ILCS 615/70)
| ||
(Section scheduled to be repealed on July 1, 2022) | ||
Sec. 70. Repeal. This Act is repealed on January 1, 2024 |
July 1, 2022 .
| ||
(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A. | ||
99-776 for effective date of P.A. 98-1135); 99-776, eff. | ||
8-12-16 .)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|