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1 | AN ACT concerning condominiums.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Condominium Property Act is amended by | |||||||||||||||||||
5 | changing Section 19 as follows:
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6 | (765 ILCS 605/19) (from Ch. 30, par. 319)
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7 | Sec. 19. Records of the association; availability for | |||||||||||||||||||
8 | examination.
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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:
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12 | (1) the association's declaration, bylaws, and plats | |||||||||||||||||||
13 | of survey, and all
amendments of these;
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14 | (2) the rules and regulations of the association, if | |||||||||||||||||||
15 | any;
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16 | (3) if the association is incorporated as a | |||||||||||||||||||
17 | corporation, the articles
of incorporation of the | |||||||||||||||||||
18 | association and all amendments to the articles of
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19 | incorporation;
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20 | (4) minutes of all meetings of the association and its | |||||||||||||||||||
21 | board of managers
for the immediately preceding 7 years;
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22 | (5) all current policies of insurance of the | |||||||||||||||||||
23 | association;
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24 | (6) all contracts, leases, and other agreements then in | |||||||||||||||||||
25 | effect to which
the association is a party or under which | |||||||||||||||||||
26 | the association or the unit owners
have obligations or | |||||||||||||||||||
27 | liabilities;
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28 | (7) a current listing of the names, addresses, and | |||||||||||||||||||
29 | weighted vote of all
members entitled to vote;
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30 | (8) ballots and proxies related to ballots for all | |||||||||||||||||||
31 | matters voted on by
the members of the association during | |||||||||||||||||||
32 | the immediately preceding 12 months,
including but not |
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1 | limited to the election of members of the board of | ||||||
2 | managers;
and
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3 | (9) the books and records of account for the | ||||||
4 | association's current and 10
immediately preceding fiscal | ||||||
5 | years, including but not limited to itemized and
detailed | ||||||
6 | records of all receipts and expenditures.
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7 | (b) Any member of an association shall have the right to | ||||||
8 | inspect, examine,
and make copies of the records described in | ||||||
9 | subdivisions (1), (2), (3), (4),
and (5) of subsection (a) of | ||||||
10 | this Section, in person or by agent, at any
reasonable time or | ||||||
11 | times, at the association's principal office. In order
to | ||||||
12 | exercise this right, a member must submit a written request to | ||||||
13 | the
association's board of managers or its authorized agent, | ||||||
14 | stating with
particularity the records sought to be examined. | ||||||
15 | Failure of an association's
board of managers to make available | ||||||
16 | all records so requested within 30 days of
receipt of the | ||||||
17 | member's written request shall be deemed a denial.
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18 | Any member who prevails in an enforcement action to compel | ||||||
19 | examination of
records described in subdivisions (1), (2), (3), | ||||||
20 | (4), and (5) of subsection (a)
of this Section shall be | ||||||
21 | entitled to recover reasonable attorney's fees and
costs from | ||||||
22 | the association.
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23 | (c) (Blank).
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24 | (d) (Blank).
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25 | (e) Except as otherwise provided in subsection (g) of this
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26 | Section, any member of an association shall have the right to | ||||||
27 | inspect, examine,
and make copies of the records described in | ||||||
28 | subdivisions (6), (7), (8), and
(9) of subsection (a) of this | ||||||
29 | Section, in person or by agent, at any reasonable
time or times | ||||||
30 | but only for a proper purpose, at the association's principal
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31 | office. In order to exercise this right, a member must submit a | ||||||
32 | written
request, to the association's board of managers or its | ||||||
33 | authorized agent,
stating with particularity the records | ||||||
34 | sought to be examined and a proper
purpose for the request. | ||||||
35 | Subject to the provisions of subsection (g) of this Section, | ||||||
36 | failure of an association's board of managers to make
available |
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1 | all records so requested within 30 business days of receipt of | ||||||
2 | the
member's written request shall be deemed a denial; | ||||||
3 | provided, however, that the
board of managers of an association | ||||||
4 | that has adopted a secret ballot election
process as provided | ||||||
5 | in Section 18 of this Act shall not be deemed to have
denied a | ||||||
6 | member's request for records described in subdivision (8) of
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7 | subsection (a) of this Section if voting ballots, without | ||||||
8 | identifying unit
numbers, are made available to the requesting | ||||||
9 | member within 30 days of receipt
of the member's written | ||||||
10 | request.
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11 | In an action to compel examination of records described in | ||||||
12 | subdivisions (6),
(7), (8), and (9) of subsection (a) of this | ||||||
13 | Section, the burden of proof is
upon the member to establish | ||||||
14 | that the member's request is based on a proper
purpose. Any | ||||||
15 | member who prevails in an enforcement action to compel
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16 | examination of records described in subdivisions (6), (7), (8), | ||||||
17 | and (9) of
subsection (a) of this Section shall be entitled to | ||||||
18 | recover reasonable
attorney's fees and costs from the | ||||||
19 | association only if the court finds that
the board of directors | ||||||
20 | acted in bad faith in denying the member's request.
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21 | (e-5) The board of managers of a condominium association | ||||||
22 | that violates this Section by refusing to allow a unit holder | ||||||
23 | to exercise his or her right to examine the books and records | ||||||
24 | shall be assessed a civil penalty of $1,000 per day for each | ||||||
25 | aggrieved condominium holder. This penalty shall be payable by | ||||||
26 | the condominium association to the unit holder effective the | ||||||
27 | first day of the violation.
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28 | (f) The actual cost to the association of retrieving and | ||||||
29 | making requested
records available for inspection and | ||||||
30 | examination under this Section shall be
charged by the | ||||||
31 | association to the requesting member. If a member requests
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32 | copies of records requested under this Section, the actual | ||||||
33 | costs to the
association of reproducing the records shall also | ||||||
34 | be charged by the association
to the requesting member.
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35 | (g) Notwithstanding the provisions of subsection (e) of | ||||||
36 | this Section, unless
otherwise directed by court order, an |
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1 | association need not make the following
records available for | ||||||
2 | inspection, examination, or copying by its members:
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3 | (1) documents relating to appointment, employment, | ||||||
4 | discipline, or
dismissal of association employees;
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5 | (2) documents relating to actions pending against or on | ||||||
6 | behalf of the
association or its board of managers in a | ||||||
7 | court or administrative tribunal;
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8 | (3) documents relating to actions threatened against, | ||||||
9 | or likely to be
asserted on behalf of, the association or | ||||||
10 | its board of managers in a court or
administrative | ||||||
11 | tribunal;
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12 | (4) documents relating to common expenses or other | ||||||
13 | charges owed by a
member other than the requesting member; | ||||||
14 | and
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15 | (5) documents provided to an association in connection | ||||||
16 | with the lease,
sale, or other transfer of a unit by a | ||||||
17 | member other than the requesting member.
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18 | (h) The provisions of this Section are applicable to all | ||||||
19 | condominium
instruments recorded under this Act. Any portion of | ||||||
20 | a condominium instrument
that contains provisions contrary to | ||||||
21 | these provisions shall be void as against
public policy and | ||||||
22 | ineffective. Any condominium instrument that fails to
contain | ||||||
23 | the provisions required by this Section shall be deemed to | ||||||
24 | incorporate
the provisions by operation of law.
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25 | (Source: P.A. 90-496, eff. 8-18-97; 90-655, eff. 7-30-98.)
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