Public Act 102-0921
 
HB4158 EnrolledLRB102 20110 LNS 28960 b


  
    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.