Full Text of HB1235 103rd General Assembly
HB1235 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1235 Introduced 1/31/2023, by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED: |
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765 ILCS 605/19 | from Ch. 30, par. 319 |
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Amends the Condominium Property Act. Allows a member of a condominium association to decline to provide information regarding the member's name, address, email address, telephone number, and weighted vote in order to prevent such information from being used for a commercial purpose.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Condominium Property Act is amended by | 5 | | changing Section 19 as follows:
| 6 | | (765 ILCS 605/19) (from Ch. 30, par. 319)
| 7 | | Sec. 19. Records of the association; availability for | 8 | | examination.
| 9 | | (a) The board of managers of every association shall keep | 10 | | and maintain the
following records, or true and complete | 11 | | copies of these records, at the
association's principal | 12 | | office:
| 13 | | (1) the association's declaration, bylaws, and plats | 14 | | of survey, and all
amendments of these;
| 15 | | (2) the rules and regulations of the association, if | 16 | | any;
| 17 | | (3) if the association is incorporated as a | 18 | | corporation, the articles
of incorporation of the | 19 | | association and all amendments to the articles of
| 20 | | incorporation;
| 21 | | (4) minutes of all meetings of the association and its | 22 | | board of managers
for the immediately preceding 7 years;
| 23 | | (5) all current policies of insurance of the |
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| 1 | | association;
| 2 | | (6) all contracts, leases, and other agreements then | 3 | | in effect to which
the association is a party or under | 4 | | which the association or the unit owners
have obligations | 5 | | or liabilities;
| 6 | | (7) a current listing of the names, addresses, email | 7 | | addresses, telephone numbers, and weighted vote of all
| 8 | | members entitled to vote ; however, a member may decline to | 9 | | provide such information in order to prevent the | 10 | | information from being used for a commercial purpose ;
| 11 | | (8) ballots and proxies related to ballots for all | 12 | | matters voted on by
the members of the association during | 13 | | the immediately preceding 12 months,
including, but not | 14 | | limited to, the election of members of the board of | 15 | | managers;
| 16 | | (9) the books and records for the association's | 17 | | current and 10
immediately preceding fiscal years, | 18 | | including, but not limited to, itemized and
detailed | 19 | | records of all receipts, expenditures, and accounts; and | 20 | | (10) any reserve study.
| 21 | | (b) Any member of an association shall have the right to | 22 | | inspect, examine,
and make copies of the records described in | 23 | | subdivisions (1), (2), (3), (4),
(5), (6), (9), and (10) of | 24 | | subsection (a) of this Section, in person or by agent, at any
| 25 | | reasonable time or times, at the association's principal | 26 | | office. In order
to exercise this right, a member must submit a |
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| 1 | | written request to the
association's board of managers or its | 2 | | authorized agent, stating with
particularity the records | 3 | | sought to be examined. Failure of an association's
board of | 4 | | managers to make available all records so requested within 10 | 5 | | business days of
receipt of the member's written request shall | 6 | | be deemed a denial.
| 7 | | Any member who prevails in an enforcement action to compel | 8 | | examination of
records described in subdivisions (1), (2), | 9 | | (3), (4), (5), (6), (9), and (10) of subsection (a)
of this | 10 | | Section shall be entitled to recover reasonable attorney's | 11 | | fees and
costs from the association.
| 12 | | (c) (Blank).
| 13 | | (d) (Blank).
| 14 | | (d-5) As used in this Section, "commercial purpose" means | 15 | | the use of any part of a record or records described in | 16 | | subdivisions (7) and (8) of subsection (a) of this Section, or | 17 | | information derived from such records, in any form for sale, | 18 | | resale, or solicitation or advertisement for sales or | 19 | | services. | 20 | | (e) Except as otherwise provided in subsection (g) of this
| 21 | | Section, any member of an association shall have the right to | 22 | | inspect, examine,
and make copies of the records described in | 23 | | subdivisions (7) and (8) of subsection (a) of this Section, in | 24 | | person or by agent, at any reasonable
time or times but only | 25 | | for a purpose that relates to the association, at the | 26 | | association's principal
office. In order to exercise this |
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| 1 | | right, a member must submit a written
request, to the | 2 | | association's board of managers or its authorized agent,
| 3 | | stating with particularity the records sought to be examined. | 4 | | As a condition for exercising this right, the board of | 5 | | managers or authorized agent of the association may require | 6 | | the member to certify in writing that the information | 7 | | contained in the records obtained by the member will not be | 8 | | used by the member for any commercial purpose or for any | 9 | | purpose that does not relate to the association. The board of | 10 | | managers of the association may impose a fine in accordance | 11 | | with item (l) of Section 18.4 upon any person who makes a false | 12 | | certification. Subject to the provisions of subsection (g) of | 13 | | this Section, failure of an association's board of managers to | 14 | | make
available all records so requested within 10 business | 15 | | days of receipt of the
member's written request shall be | 16 | | deemed a denial; provided, however, that the
board of managers | 17 | | of an association that has adopted a secret ballot election
| 18 | | process as provided in Section 18 of this Act shall not be | 19 | | deemed to have
denied a member's request for records described | 20 | | in subdivision (8) of
subsection (a) of this Section if voting | 21 | | ballots, without identifying unit
numbers, are made available | 22 | | to the requesting member within 10 business days of receipt
of | 23 | | the member's written request.
| 24 | | Any member who prevails in an enforcement action to compel
| 25 | | examination of records described in subdivision (7) or (8) of
| 26 | | subsection (a) of this Section shall be entitled to recover |
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| 1 | | reasonable
attorney's fees and costs from the association only | 2 | | if the court finds that
the board of directors acted in bad | 3 | | faith in denying the member's request.
| 4 | | (f) The actual cost to the association of retrieving and | 5 | | making requested
records available for inspection and | 6 | | examination under this Section may be
charged by the | 7 | | association to the requesting member. If a member requests
| 8 | | copies of records requested under this Section, the actual | 9 | | costs to the
association of reproducing the records may also | 10 | | be charged by the association
to the requesting member.
| 11 | | (g) Notwithstanding the provisions of subsection (e) of | 12 | | this Section, unless
otherwise directed by court order, an | 13 | | association need not make the following
records available for | 14 | | inspection, examination, or copying by its members:
| 15 | | (1) documents relating to appointment, employment, | 16 | | discipline, or
dismissal of association employees;
| 17 | | (2) documents relating to actions pending against or | 18 | | on behalf of the
association or its board of managers in a | 19 | | court or administrative tribunal;
| 20 | | (3) documents relating to actions threatened against, | 21 | | or likely to be
asserted on behalf of, the association or | 22 | | its board of managers in a court or
administrative | 23 | | tribunal;
| 24 | | (4) documents relating to common expenses or other | 25 | | charges owed by a
member other than the requesting member; | 26 | | and
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| 1 | | (5) documents provided to an association in connection | 2 | | with the lease,
sale, or other transfer of a unit by a | 3 | | member other than the requesting member.
| 4 | | (h) The provisions of this Section are applicable to all | 5 | | condominium
instruments recorded under this Act. Any portion | 6 | | of a condominium instrument
that contains provisions contrary | 7 | | to these provisions shall be void as against
public policy and | 8 | | ineffective. Any condominium instrument that fails to
contain | 9 | | the provisions required by this Section shall be deemed to | 10 | | incorporate
the provisions by operation of law.
| 11 | | (Source: P.A. 102-921, eff. 5-27-22.)
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