Illinois 2023-2024 Regular Session

Illinois House Bill HB1235 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1235 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED: 765 ILCS 605/19 from Ch. 30, par. 319 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. LRB103 05754 LNS 50774 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1235 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED: 765 ILCS 605/19 from Ch. 30, par. 319 765 ILCS 605/19 from Ch. 30, par. 319 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. LRB103 05754 LNS 50774 b LRB103 05754 LNS 50774 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1235 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED:
3	3	765 ILCS 605/19 from Ch. 30, par. 319 765 ILCS 605/19 from Ch. 30, par. 319
4	4	765 ILCS 605/19 from Ch. 30, par. 319
5	5	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.
6	6	LRB103 05754 LNS 50774 b LRB103 05754 LNS 50774 b
7	7	LRB103 05754 LNS 50774 b
8	8	A BILL FOR
9	9	HB1235LRB103 05754 LNS 50774 b HB1235 LRB103 05754 LNS 50774 b
10	10	HB1235 LRB103 05754 LNS 50774 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Condominium Property Act is amended by
15	15	5 changing Section 19 as follows:
16	16	6 (765 ILCS 605/19) (from Ch. 30, par. 319)
17	17	7 Sec. 19. Records of the association; availability for
18	18	8 examination.
19	19	9 (a) The board of managers of every association shall keep
20	20	10 and maintain the following records, or true and complete
21	21	11 copies of these records, at the association's principal
22	22	12 office:
23	23	13 (1) the association's declaration, bylaws, and plats
24	24	14 of survey, and all amendments of these;
25	25	15 (2) the rules and regulations of the association, if
26	26	16 any;
27	27	17 (3) if the association is incorporated as a
28	28	18 corporation, the articles of incorporation of the
29	29	19 association and all amendments to the articles of
30	30	20 incorporation;
31	31	21 (4) minutes of all meetings of the association and its
32	32	22 board of managers for the immediately preceding 7 years;
33	33	23 (5) all current policies of insurance of the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1235 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED:
38	38	765 ILCS 605/19 from Ch. 30, par. 319 765 ILCS 605/19 from Ch. 30, par. 319
39	39	765 ILCS 605/19 from Ch. 30, par. 319
40	40	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.
41	41	LRB103 05754 LNS 50774 b LRB103 05754 LNS 50774 b
42	42	LRB103 05754 LNS 50774 b
43	43	A BILL FOR
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49	49	765 ILCS 605/19 from Ch. 30, par. 319
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68	68	1 association;
69	69	2 (6) all contracts, leases, and other agreements then
70	70	3 in effect to which the association is a party or under
71	71	4 which the association or the unit owners have obligations
72	72	5 or liabilities;
73	73	6 (7) a current listing of the names, addresses, email
74	74	7 addresses, telephone numbers, and weighted vote of all
75	75	8 members entitled to vote; however, a member may decline to
76	76	9 provide such information in order to prevent the
77	77	10 information from being used for a commercial purpose;
78	78	11 (8) ballots and proxies related to ballots for all
79	79	12 matters voted on by the members of the association during
80	80	13 the immediately preceding 12 months, including, but not
81	81	14 limited to, the election of members of the board of
82	82	15 managers;
83	83	16 (9) the books and records for the association's
84	84	17 current and 10 immediately preceding fiscal years,
85	85	18 including, but not limited to, itemized and detailed
86	86	19 records of all receipts, expenditures, and accounts; and
87	87	20 (10) any reserve study.
88	88	21 (b) Any member of an association shall have the right to
89	89	22 inspect, examine, and make copies of the records described in
90	90	23 subdivisions (1), (2), (3), (4), (5), (6), (9), and (10) of
91	91	24 subsection (a) of this Section, in person or by agent, at any
92	92	25 reasonable time or times, at the association's principal
93	93	26 office. In order to exercise this right, a member must submit a
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104	104	1 written request to the association's board of managers or its
105	105	2 authorized agent, stating with particularity the records
106	106	3 sought to be examined. Failure of an association's board of
107	107	4 managers to make available all records so requested within 10
108	108	5 business days of receipt of the member's written request shall
109	109	6 be deemed a denial.
110	110	7 Any member who prevails in an enforcement action to compel
111	111	8 examination of records described in subdivisions (1), (2),
112	112	9 (3), (4), (5), (6), (9), and (10) of subsection (a) of this
113	113	10 Section shall be entitled to recover reasonable attorney's
114	114	11 fees and costs from the association.
115	115	12 (c) (Blank).
116	116	13 (d) (Blank).
117	117	14 (d-5) As used in this Section, "commercial purpose" means
118	118	15 the use of any part of a record or records described in
119	119	16 subdivisions (7) and (8) of subsection (a) of this Section, or
120	120	17 information derived from such records, in any form for sale,
121	121	18 resale, or solicitation or advertisement for sales or
122	122	19 services.
123	123	20 (e) Except as otherwise provided in subsection (g) of this
124	124	21 Section, any member of an association shall have the right to
125	125	22 inspect, examine, and make copies of the records described in
126	126	23 subdivisions (7) and (8) of subsection (a) of this Section, in
127	127	24 person or by agent, at any reasonable time or times but only
128	128	25 for a purpose that relates to the association, at the
129	129	26 association's principal office. In order to exercise this
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140	140	1 right, a member must submit a written request, to the
141	141	2 association's board of managers or its authorized agent,
142	142	3 stating with particularity the records sought to be examined.
143	143	4 As a condition for exercising this right, the board of
144	144	5 managers or authorized agent of the association may require
145	145	6 the member to certify in writing that the information
146	146	7 contained in the records obtained by the member will not be
147	147	8 used by the member for any commercial purpose or for any
148	148	9 purpose that does not relate to the association. The board of
149	149	10 managers of the association may impose a fine in accordance
150	150	11 with item (l) of Section 18.4 upon any person who makes a false
151	151	12 certification. Subject to the provisions of subsection (g) of
152	152	13 this Section, failure of an association's board of managers to
153	153	14 make available all records so requested within 10 business
154	154	15 days of receipt of the member's written request shall be
155	155	16 deemed a denial; provided, however, that the board of managers
156	156	17 of an association that has adopted a secret ballot election
157	157	18 process as provided in Section 18 of this Act shall not be
158	158	19 deemed to have denied a member's request for records described
159	159	20 in subdivision (8) of subsection (a) of this Section if voting
160	160	21 ballots, without identifying unit numbers, are made available
161	161	22 to the requesting member within 10 business days of receipt of
162	162	23 the member's written request.
163	163	24 Any member who prevails in an enforcement action to compel
164	164	25 examination of records described in subdivision (7) or (8) of
165	165	26 subsection (a) of this Section shall be entitled to recover
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176	176	1 reasonable attorney's fees and costs from the association only
177	177	2 if the court finds that the board of directors acted in bad
178	178	3 faith in denying the member's request.
179	179	4 (f) The actual cost to the association of retrieving and
180	180	5 making requested records available for inspection and
181	181	6 examination under this Section may be charged by the
182	182	7 association to the requesting member. If a member requests
183	183	8 copies of records requested under this Section, the actual
184	184	9 costs to the association of reproducing the records may also
185	185	10 be charged by the association to the requesting member.
186	186	11 (g) Notwithstanding the provisions of subsection (e) of
187	187	12 this Section, unless otherwise directed by court order, an
188	188	13 association need not make the following records available for
189	189	14 inspection, examination, or copying by its members:
190	190	15 (1) documents relating to appointment, employment,
191	191	16 discipline, or dismissal of association employees;
192	192	17 (2) documents relating to actions pending against or
193	193	18 on behalf of the association or its board of managers in a
194	194	19 court or administrative tribunal;
195	195	20 (3) documents relating to actions threatened against,
196	196	21 or likely to be asserted on behalf of, the association or
197	197	22 its board of managers in a court or administrative
198	198	23 tribunal;
199	199	24 (4) documents relating to common expenses or other
200	200	25 charges owed by a member other than the requesting member;
201	201	26 and
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212	212	1 (5) documents provided to an association in connection
213	213	2 with the lease, sale, or other transfer of a unit by a
214	214	3 member other than the requesting member.
215	215	4 (h) The provisions of this Section are applicable to all
216	216	5 condominium instruments recorded under this Act. Any portion
217	217	6 of a condominium instrument that contains provisions contrary
218	218	7 to these provisions shall be void as against public policy and
219	219	8 ineffective. Any condominium instrument that fails to contain
220	220	9 the provisions required by this Section shall be deemed to
221	221	10 incorporate the provisions by operation of law.
222	222	11 (Source: P.A. 102-921, eff. 5-27-22.)
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