Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1562 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1562 Introduced 2/8/2023, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: 765 ILCS 160/1-15765 ILCS 160/1-30 765 ILCS 605/4.1 from Ch. 30, par. 304.1 765 ILCS 605/18.4 from Ch. 30, par. 318.4 765 ILCS 605/19 from Ch. 30, par. 319 Amends the Common Interest Community Association Act and the Condominium Property Act. Requires the declaration and other community or condominium instruments of a common interest community association or unit owner's association to be filed with the office of the village hall, town hall, or city hall of the village, town, or city in which the association is located and posted on the association's website. Provides that community or condominium instruments are valid upon filing with the appropriate village hall, town hall, or city hall. Requires the initial seller of any property of a common interest community to make full disclosure of, and provide copies to the prospective buyer 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. Requires the board to maintain an accurate record of its members and post such records on its website. Makes conforming and other changes. LRB103 30227 LNS 56655 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1562 Introduced 2/8/2023, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: 765 ILCS 160/1-15765 ILCS 160/1-30 765 ILCS 605/4.1 from Ch. 30, par. 304.1 765 ILCS 605/18.4 from Ch. 30, par. 318.4 765 ILCS 605/19 from Ch. 30, par. 319 765 ILCS 160/1-15 765 ILCS 160/1-30 765 ILCS 605/4.1 from Ch. 30, par. 304.1 765 ILCS 605/18.4 from Ch. 30, par. 318.4 765 ILCS 605/19 from Ch. 30, par. 319 Amends the Common Interest Community Association Act and the Condominium Property Act. Requires the declaration and other community or condominium instruments of a common interest community association or unit owner's association to be filed with the office of the village hall, town hall, or city hall of the village, town, or city in which the association is located and posted on the association's website. Provides that community or condominium instruments are valid upon filing with the appropriate village hall, town hall, or city hall. Requires the initial seller of any property of a common interest community to make full disclosure of, and provide copies to the prospective buyer 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. Requires the board to maintain an accurate record of its members and post such records on its website. Makes conforming and other changes. LRB103 30227 LNS 56655 b LRB103 30227 LNS 56655 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1562 Introduced 2/8/2023, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
3	3	765 ILCS 160/1-15765 ILCS 160/1-30 765 ILCS 605/4.1 from Ch. 30, par. 304.1 765 ILCS 605/18.4 from Ch. 30, par. 318.4 765 ILCS 605/19 from Ch. 30, par. 319 765 ILCS 160/1-15 765 ILCS 160/1-30 765 ILCS 605/4.1 from Ch. 30, par. 304.1 765 ILCS 605/18.4 from Ch. 30, par. 318.4 765 ILCS 605/19 from Ch. 30, par. 319
4	4	765 ILCS 160/1-15
5	5	765 ILCS 160/1-30
6	6	765 ILCS 605/4.1 from Ch. 30, par. 304.1
7	7	765 ILCS 605/18.4 from Ch. 30, par. 318.4
8	8	765 ILCS 605/19 from Ch. 30, par. 319
9	9	Amends the Common Interest Community Association Act and the Condominium Property Act. Requires the declaration and other community or condominium instruments of a common interest community association or unit owner's association to be filed with the office of the village hall, town hall, or city hall of the village, town, or city in which the association is located and posted on the association's website. Provides that community or condominium instruments are valid upon filing with the appropriate village hall, town hall, or city hall. Requires the initial seller of any property of a common interest community to make full disclosure of, and provide copies to the prospective buyer 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. Requires the board to maintain an accurate record of its members and post such records on its website. Makes conforming and other changes.
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12	12	A BILL FOR
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14	14	SB1562 LRB103 30227 LNS 56655 b
15	15	1 AN ACT concerning civil law.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5. The Common Interest Community Association Act
19	19	5 is amended by changing Sections 1-15 and 1-30 as follows:
20	20	6 (765 ILCS 160/1-15)
21	21	7 Sec. 1-15. Construction, interpretation, and validity of
22	22	8 community instruments.
23	23	9 (a) Except to the extent otherwise provided by the
24	24	10 declaration or other community instruments, the terms defined
25	25	11 in Section 1-5 of this Act shall be deemed to have the meaning
26	26	12 specified therein unless the context otherwise requires.
27	27	13 (b) (Blank).
28	28	14 (c) A provision in the declaration limiting ownership,
29	29	15 rental, or occupancy of a unit to a person 55 years of age or
30	30	16 older shall be valid and deemed not to be in violation of
31	31	17 Article 3 of the Illinois Human Rights Act provided that the
32	32	18 person or the immediate family of a person owning, renting, or
33	33	19 lawfully occupying such unit prior to the recording of the
34	34	20 initial declaration shall not be deemed to be in violation of
35	35	21 such age restriction so long as they continue to own or reside
36	36	22 in such unit.
37	37	23 (d) Every common interest community association shall
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41	41	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1562 Introduced 2/8/2023, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
42	42	765 ILCS 160/1-15765 ILCS 160/1-30 765 ILCS 605/4.1 from Ch. 30, par. 304.1 765 ILCS 605/18.4 from Ch. 30, par. 318.4 765 ILCS 605/19 from Ch. 30, par. 319 765 ILCS 160/1-15 765 ILCS 160/1-30 765 ILCS 605/4.1 from Ch. 30, par. 304.1 765 ILCS 605/18.4 from Ch. 30, par. 318.4 765 ILCS 605/19 from Ch. 30, par. 319
43	43	765 ILCS 160/1-15
44	44	765 ILCS 160/1-30
45	45	765 ILCS 605/4.1 from Ch. 30, par. 304.1
46	46	765 ILCS 605/18.4 from Ch. 30, par. 318.4
47	47	765 ILCS 605/19 from Ch. 30, par. 319
48	48	Amends the Common Interest Community Association Act and the Condominium Property Act. Requires the declaration and other community or condominium instruments of a common interest community association or unit owner's association to be filed with the office of the village hall, town hall, or city hall of the village, town, or city in which the association is located and posted on the association's website. Provides that community or condominium instruments are valid upon filing with the appropriate village hall, town hall, or city hall. Requires the initial seller of any property of a common interest community to make full disclosure of, and provide copies to the prospective buyer 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. Requires the board to maintain an accurate record of its members and post such records on its website. Makes conforming and other changes.
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50	50	LRB103 30227 LNS 56655 b
51	51	A BILL FOR
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57	57	765 ILCS 160/1-15
58	58	765 ILCS 160/1-30
59	59	765 ILCS 605/4.1 from Ch. 30, par. 304.1
60	60	765 ILCS 605/18.4 from Ch. 30, par. 318.4
61	61	765 ILCS 605/19 from Ch. 30, par. 319
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80	80	1 define a member and its relationship to the units or unit
81	81	2 owners in its community instruments.
82	82	3 (e) The declaration and other community instruments shall
83	83	4 be filed with the village hall, town hall, or city hall of the
84	84	5 village, town, or city in which the association is located and
85	85	6 posted on the website of the association. Any and all
86	86	7 amendments of revisions to the declaration and other community
87	87	8 instruments shall be fixed and posted within 30 days of being
88	88	9 made.
89	89	10 (f) Community instruments shall be valid upon filing with
90	90	11 the appropriate village hall, town hall, or city hall.
91	91	12 (g) In relation to the initial sale or offering for sale of
92	92	13 any property, the seller must make full disclosure of, and
93	93	14 provide copies to the prospective buyer of, the recorded
94	94	15 declaration, other community instruments, other duly recorded
95	95	16 covenants and bylaws, and any amendments, articles of
96	96	17 incorporation, articles of organization, annual reports, and
97	97	18 any rules and regulations adopted by the board.
98	98	19 (Source: P.A. 99-472, eff. 6-1-16.)
99	99	20 (765 ILCS 160/1-30)
100	100	21 Sec. 1-30. Board duties and obligations; records.
101	101	22 (a) The board shall meet at least 4 times annually.
102	102	23 (b) A common interest community association may not enter
103	103	24 into a contract with a current board member, or with a
104	104	25 corporation, limited liability company, or partnership in
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115	115	1 which a board member or a member of his or her immediate family
116	116	2 has 25% or more interest, unless notice of intent to enter into
117	117	3 the contract is given to members within 20 days after a
118	118	4 decision is made to enter into the contract and the members are
119	119	5 afforded an opportunity by filing a petition, signed by 20% of
120	120	6 the membership, for an election to approve or disapprove the
121	121	7 contract; such petition shall be filed within 20 days after
122	122	8 such notice and such election shall be held within 30 days
123	123	9 after filing the petition. For purposes of this subsection, a
124	124	10 board member's immediate family means the board member's
125	125	11 spouse, parents, siblings, and children.
126	126	12 (c) The bylaws or operating agreement shall provide for
127	127	13 the maintenance, repair, and replacement of the common areas
128	128	14 and payments therefor, including the method of approving
129	129	15 payment vouchers.
130	130	16 (d) (Blank).
131	131	17 (e) The association may engage the services of a manager
132	132	18 or management company.
133	133	19 (f) The association shall have one class of membership
134	134	20 unless the declaration, bylaws, or operating agreement provide
135	135	21 otherwise; however, this subsection (f) shall not be construed
136	136	22 to limit the operation of subsection (c) of Section 1-20 of
137	137	23 this Act.
138	138	24 (g) The board shall have the power, after notice and an
139	139	25 opportunity to be heard, to levy and collect reasonable fines
140	140	26 from members or unit owners for violations of the declaration,
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151	151	1 bylaws, operating agreement, and rules and regulations of the
152	152	2 common interest community association.
153	153	3 (h) Other than attorney's fees and court or arbitration
154	154	4 costs, no fees pertaining to the collection of a member's or
155	155	5 unit owner's financial obligation to the association,
156	156	6 including fees charged by a manager or managing agent, shall
157	157	7 be added to and deemed a part of a member's or unit owner's
158	158	8 respective share of the common expenses unless: (i) the
159	159	9 managing agent fees relate to the costs to collect common
160	160	10 expenses for the association; (ii) the fees are set forth in a
161	161	11 contract between the managing agent and the association; and
162	162	12 (iii) the authority to add the management fees to a member's or
163	163	13 unit owner's respective share of the common expenses is
164	164	14 specifically stated in the declaration, bylaws, or operating
165	165	15 agreement of the association.
166	166	16 (i) Board records.
167	167	17 (1) The board shall maintain, file with the village
168	168	18 hall, town hall, or city hall of the village, town, or city
169	169	19 in which the association is located, and post on the
170	170	20 association's website the following records, including any
171	171	21 amendments or revisions, of the association and make them
172	172	22 available for examination and copying at convenient hours
173	173	23 of weekdays by any member or unit owner in a common
174	174	24 interest community subject to the authority of the board,
175	175	25 their mortgagees, and their duly authorized agents or
176	176	26 attorneys:
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187	187	1 (i) Copies of the recorded declaration, other
188	188	2 community instruments, other duly recorded covenants
189	189	3 and bylaws and any amendments, articles of
190	190	4 incorporation, articles of organization, annual
191	191	5 reports, and any rules and regulations adopted by the
192	192	6 board shall be available. Prior to the organization of
193	193	7 the board, the developer shall maintain and make
194	194	8 available the records set forth in this paragraph (i)
195	195	9 for examination and copying.
196	196	10 (ii) Detailed and accurate records in
197	197	11 chronological order of the receipts and expenditures
198	198	12 affecting the common areas, specifying and itemizing
199	199	13 the maintenance and repair expenses of the common
200	200	14 areas and any other expenses incurred, and copies of
201	201	15 all contracts, leases, or other agreements entered
202	202	16 into by the board shall be maintained.
203	203	17 (iii) The minutes of all meetings of the board
204	204	18 which shall be maintained for not less than 7 years.
205	205	19 (iv) With a written statement of a proper purpose,
206	206	20 ballots and proxies related thereto, if any, for any
207	207	21 election held for the board and for any other matters
208	208	22 voted on by the members, which shall be maintained for
209	209	23 not less than one year.
210	210	24 (v) With a written statement of a proper purpose,
211	211	25 such other records of the board as are available for
212	212	26 inspection by members of a not-for-profit corporation
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223	223	1 pursuant to Section 107.75 of the General Not For
224	224	2 Profit Corporation Act of 1986 shall be maintained.
225	225	3 (vi) With respect to units owned by a land trust, a
226	226	4 living trust, or other legal entity, the trustee,
227	227	5 officer, or manager of the entity may designate, in
228	228	6 writing, a person to cast votes on behalf of the member
229	229	7 or unit owner and a designation shall remain in effect
230	230	8 until a subsequent document is filed with the
231	231	9 association.
232	232	10 (vii) Any reserve study.
233	233	11 (viii) An accurate record of its members. Such
234	234	12 records shall be posted on the board's website. Any
235	235	13 changes to the board's members shall be reflected in
236	236	14 the records within 30 days of the change.
237	237	15 (2) Where a request for records under this subsection
238	238	16 is made in writing to the board or its agent, failure to
239	239	17 provide the requested record or to respond within 30 days
240	240	18 shall be deemed a denial by the board.
241	241	19 (3) A reasonable fee may be charged by the board for
242	242	20 the cost of retrieving and copying records properly
243	243	21 requested.
244	244	22 (4) If the board fails to provide records properly
245	245	23 requested under paragraph (1) of this subsection (i)
246	246	24 within the time period provided in that paragraph (1), the
247	247	25 member may seek appropriate relief and shall be entitled
248	248	26 to an award of reasonable attorney's fees and costs if the
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259	259	1 member prevails and the court finds that such failure is
260	260	2 due to the acts or omissions of the board of managers or
261	261	3 the board of directors.
262	262	4 (j) The board shall have standing and capacity to act in a
263	263	5 representative capacity in relation to matters involving the
264	264	6 common areas or more than one unit, on behalf of the members or
265	265	7 unit owners as their interests may appear.
266	266	8 (Source: P.A. 102-921, eff. 5-27-22.)
267	267	9 Section 10. The Condominium Property Act is amended by
268	268	10 changing Sections 4.1, 18.4, and 19 as follows:
269	269	11 (765 ILCS 605/4.1) (from Ch. 30, par. 304.1)
270	270	12 Sec. 4.1. Construction, interpretation, and validity of
271	271	13 Condominium Instruments.
272	272	14 (a) Except to the extent otherwise provided by the
273	273	15 declaration or other condominium instruments:
274	274	16 (1) The terms defined in Section 2 of this Act shall be
275	275	17 deemed to have the meaning specified therein unless the
276	276	18 context otherwise requires.
277	277	19 (2) To the extent that perimeter and partition walls,
278	278	20 floors or ceilings are designated as the boundaries of the
279	279	21 units or of any specified units, all decorating, wall and
280	280	22 floor coverings, paneling, molding, tiles, wallpaper,
281	281	23 paint, finished flooring and any other materials
282	282	24 constituting any part of the finished surfaces thereof,
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293	293	1 shall be deemed a part of such units, while all other
294	294	2 portions of such walls, floors or ceilings and all
295	295	3 portions of perimeter doors and all portions of windows in
296	296	4 perimeter walls shall be deemed part of the common
297	297	5 elements.
298	298	6 (3) If any chutes, flues, ducts, conduits, wires,
299	299	7 bearing walls, bearing columns, or any other apparatus
300	300	8 lies partially within and partially outside of the
301	301	9 designated boundaries of a unit, any portions thereof
302	302	10 serving only that unit shall be deemed a part of that unit,
303	303	11 while any portions thereof serving more than one unit or
304	304	12 any portion of the common elements shall be deemed a part
305	305	13 of the common elements.
306	306	14 (4) Subject to the provisions of paragraph (3) of
307	307	15 subsection (a), all space and other fixtures and
308	308	16 improvements within the boundaries of a unit shall be
309	309	17 deemed a part of that unit.
310	310	18 (5) Any shutters, awnings, window boxes, doorsteps,
311	311	19 porches, balconies, patios, perimeter doors, windows in
312	312	20 perimeter walls, and any other apparatus designed to serve
313	313	21 a single unit shall be deemed a limited common element
314	314	22 appertaining to that unit exclusively.
315	315	23 (6) All provisions of the declaration, bylaws and
316	316	24 other condominium instruments are severable.
317	317	25 (b) Except to the extent otherwise provided by the
318	318	26 declaration or by other condominium instruments recorded prior
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329	329	1 to the effective date of this amendatory Act of 1984, in the
330	330	2 event of a conflict between the provisions of the declaration
331	331	3 and the bylaws or other condominium instruments, the
332	332	4 declaration prevails except to the extent the declaration is
333	333	5 inconsistent with this Act.
334	334	6 (c) A provision in the initial declaration limiting
335	335	7 ownership, rental or occupancy of a condominium unit to a
336	336	8 person 55 years of age or older shall be valid and deemed not
337	337	9 to be in violation of Article 3 of the Illinois Human Rights
338	338	10 Act provided that the person or the immediate family of a
339	339	11 person owning, renting or lawfully occupying such unit prior
340	340	12 to the recording of the initial declaration shall not be
341	341	13 deemed to be in violation of such age restriction so long as
342	342	14 they continue to own or reside in such unit.
343	343	15 (d) The declaration and other condominium instruments
344	344	16 shall be filed with the village hall, town hall, or city hall
345	345	17 of the village, town, or city in which the association is
346	346	18 located and posted on the website of the association. Any and
347	347	19 all amendments or revisions to the declaration or other
348	348	20 condominium instruments must be filed and posted within 30
349	349	21 days of being made.
350	350	22 (e) Condominium instruments shall be valid upon filing
351	351	23 with the village hall, town hall, or city hall.
352	352	24 (Source: P.A. 89-41, eff. 6-23-95.)
353	353	25 (765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
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364	364	1 Sec. 18.4. Powers and duties of board of managers. The
365	365	2 board of managers shall exercise for the association all
366	366	3 powers, duties and authority vested in the association by law
367	367	4 or the condominium instruments except for such powers, duties
368	368	5 and authority reserved by law to the members of the
369	369	6 association. The powers and duties of the board of managers
370	370	7 shall include, but shall not be limited to, the following:
371	371	8 (a) To provide for the operation, care, upkeep,
372	372	9 maintenance, replacement and improvement of the common
373	373	10 elements. Nothing in this subsection (a) shall be deemed
374	374	11 to invalidate any provision in a condominium instrument
375	375	12 placing limits on expenditures for the common elements,
376	376	13 provided, that such limits shall not be applicable to
377	377	14 expenditures for repair, replacement, or restoration of
378	378	15 existing portions of the common elements. The term
379	379	16 "repair, replacement or restoration" means expenditures to
380	380	17 deteriorated or damaged portions of the property related
381	381	18 to the existing decorating, facilities, or structural or
382	382	19 mechanical components, interior or exterior surfaces, or
383	383	20 energy systems and equipment with the functional
384	384	21 equivalent of the original portions of such areas.
385	385	22 Replacement of the common elements may result in an
386	386	23 improvement over the original quality of such elements or
387	387	24 facilities; provided that, unless the improvement is
388	388	25 mandated by law or is an emergency as defined in item (iv)
389	389	26 of subparagraph (8) of paragraph (a) of Section 18, if the
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400	400	1 improvement results in a proposed expenditure exceeding 5%
401	401	2 of the annual budget, the board of managers, upon written
402	402	3 petition by unit owners with 20% of the votes of the
403	403	4 association delivered to the board within 21 days of the
404	404	5 board action to approve the expenditure, shall call a
405	405	6 meeting of the unit owners within 30 days of the date of
406	406	7 delivery of the petition to consider the expenditure.
407	407	8 Unless a majority of the total votes of the unit owners are
408	408	9 cast at the meeting to reject the expenditure, it is
409	409	10 ratified.
410	410	11 (b) To prepare, adopt and distribute the annual budget
411	411	12 for the property.
412	412	13 (c) To levy and expend assessments.
413	413	14 (d) To collect assessments from unit owners.
414	414	15 (e) To provide for the employment and dismissal of the
415	415	16 personnel necessary or advisable for the maintenance and
416	416	17 operation of the common elements.
417	417	18 (f) To obtain adequate and appropriate kinds of
418	418	19 insurance.
419	419	20 (g) To own, convey, encumber, lease, and otherwise
420	420	21 deal with units conveyed to or purchased by it.
421	421	22 (h) To adopt and amend rules and regulations covering
422	422	23 the details of the operation and use of the property,
423	423	24 after a meeting of the unit owners called for the specific
424	424	25 purpose of discussing the proposed rules and regulations.
425	425	26 Notice of the meeting shall contain the full text of the
426	426
427	427
428	428
429	429
430	430
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432	432
433	433
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436	436	1 proposed rules and regulations, and the meeting shall
437	437	2 conform to the requirements of Section 18(b) of this Act,
438	438	3 except that no quorum is required at the meeting of the
439	439	4 unit owners unless the declaration, bylaws or other
440	440	5 condominium instrument expressly provides to the contrary.
441	441	6 However, no rule or regulation may impair any rights
442	442	7 guaranteed by the First Amendment to the Constitution of
443	443	8 the United States or Section 4 of Article I of the Illinois
444	444	9 Constitution including, but not limited to, the free
445	445	10 exercise of religion, nor may any rules or regulations
446	446	11 conflict with the provisions of this Act or the
447	447	12 condominium instruments. No rule or regulation shall
448	448	13 prohibit any reasonable accommodation for religious
449	449	14 practices, including the attachment of religiously
450	450	15 mandated objects to the front-door area of a condominium
451	451	16 unit.
452	452	17 (i) To keep detailed, accurate records of the receipts
453	453	18 and expenditures affecting the use and operation of the
454	454	19 property.
455	455	20 (j) To have access to each unit from time to time as
456	456	21 may be necessary for the maintenance, repair or
457	457	22 replacement of any common elements or for making emergency
458	458	23 repairs necessary to prevent damage to the common elements
459	459	24 or to other units.
460	460	25 (k) To pay real property taxes, special assessments,
461	461	26 and any other special taxes or charges of the State of
462	462
463	463
464	464
465	465
466	466
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468	468
469	469
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472	472	1 Illinois or of any political subdivision thereof, or other
473	473	2 lawful taxing or assessing body, which are authorized by
474	474	3 law to be assessed and levied upon the real property of the
475	475	4 condominium.
476	476	5 (l) To impose charges for late payment of a unit
477	477	6 owner's proportionate share of the common expenses, or any
478	478	7 other expenses lawfully agreed upon, and after notice and
479	479	8 an opportunity to be heard, to levy reasonable fines for
480	480	9 violation of the declaration, by-laws, and rules and
481	481	10 regulations of the association.
482	482	11 (m) By a majority vote of the entire board of
483	483	12 managers, to assign the right of the association to future
484	484	13 income from common expenses or other sources, and to
485	485	14 mortgage or pledge substantially all of the remaining
486	486	15 assets of the association.
487	487	16 (n) To record the dedication of a portion of the
488	488	17 common elements to a public body for use as, or in
489	489	18 connection with, a street or utility where authorized by
490	490	19 the unit owners under the provisions of Section 14.2.
491	491	20 (o) To record the granting of an easement for the
492	492	21 laying of cable television or high speed Internet cable
493	493	22 where authorized by the unit owners under the provisions
494	494	23 of Section 14.3; to obtain, if available and determined by
495	495	24 the board to be in the best interests of the association,
496	496	25 cable television or bulk high speed Internet service for
497	497	26 all of the units of the condominium on a bulk identical
498	498
499	499
500	500
501	501
502	502
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504	504
505	505
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507	507	SB1562 - 14 - LRB103 30227 LNS 56655 b
508	508	1 service and equal cost per unit basis; and to assess and
509	509	2 recover the expense as a common expense and, if so
510	510	3 determined by the board, to assess each and every unit on
511	511	4 the same equal cost per unit basis.
512	512	5 (p) To seek relief on behalf of all unit owners when
513	513	6 authorized pursuant to subsection (c) of Section 10 from
514	514	7 or in connection with the assessment or levying of real
515	515	8 property taxes, special assessments, and any other special
516	516	9 taxes or charges of the State of Illinois or of any
517	517	10 political subdivision thereof or of any lawful taxing or
518	518	11 assessing body.
519	519	12 (q) To reasonably accommodate the needs of a unit
520	520	13 owner who is a person with a disability as required by the
521	521	14 federal Civil Rights Act of 1968, the Human Rights Act and
522	522	15 any applicable local ordinances in the exercise of its
523	523	16 powers with respect to the use of common elements or
524	524	17 approval of modifications in an individual unit.
525	525	18 (r) To accept service of a notice of claim for
526	526	19 purposes of the Mechanics Lien Act on behalf of each
527	527	20 respective member of the Unit Owners' Association with
528	528	21 respect to improvements performed pursuant to any contract
529	529	22 entered into by the Board of Managers or any contract
530	530	23 entered into prior to the recording of the condominium
531	531	24 declaration pursuant to this Act, for a property
532	532	25 containing more than 8 units, and to distribute the notice
533	533	26 to the unit owners within 7 days of the acceptance of the
534	534
535	535
536	536
537	537
538	538
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540	540
541	541
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544	544	1 service by the Board of Managers. The service shall be
545	545	2 effective as if each individual unit owner had been served
546	546	3 individually with notice.
547	547	4 (s) To adopt and amend rules and regulations (l)
548	548	5 authorizing electronic delivery of notices and other
549	549	6 communications required or contemplated by this Act to
550	550	7 each unit owner who provides the association with written
551	551	8 authorization for electronic delivery and an electronic
552	552	9 address to which such communications are to be
553	553	10 electronically transmitted; and (2) authorizing each unit
554	554	11 owner to designate an electronic address or a U.S. Postal
555	555	12 Service address, or both, as the unit owner's address on
556	556	13 any list of members or unit owners which an association is
557	557	14 required to provide upon request pursuant to any provision
558	558	15 of this Act or any condominium instrument.
559	559	16 (t) To maintain an accurate record of its members and
560	560	17 post such records on its website. Any changes to the
561	561	18 board's members shall be reflected in the record within 30
562	562	19 days of the change.
563	563	20 In the performance of their duties, the officers and
564	564	21 members of the board, whether appointed by the developer or
565	565	22 elected by the unit owners, shall exercise the care required
566	566	23 of a fiduciary of the unit owners.
567	567	24 The collection of assessments from unit owners by an
568	568	25 association, board of managers or their duly authorized agents
569	569	26 shall not be considered acts constituting a collection agency
570	570
571	571
572	572
573	573
574	574
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576	576
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579	579	SB1562 - 16 - LRB103 30227 LNS 56655 b
580	580	1 for purposes of the Collection Agency Act.
581	581	2 The provisions of this Section are applicable to all
582	582	3 condominium instruments recorded under this Act. Any portion
583	583	4 of a condominium instrument which contains provisions contrary
584	584	5 to these provisions shall be void as against public policy and
585	585	6 ineffective. Any such instrument that fails to contain the
586	586	7 provisions required by this Section shall be deemed to
587	587	8 incorporate such provisions by operation of law.
588	588	9 (Source: P.A. 99-143, eff. 7-27-15; 99-849, eff. 1-1-17;
589	589	10 100-292, eff. 1-1-18.)
590	590	11 (765 ILCS 605/19) (from Ch. 30, par. 319)
591	591	12 Sec. 19. Records of the association; availability for
592	592	13 examination.
593	593	14 (a) The board of managers of every association shall file
594	594	15 with the village hall, town hall, or city hall of the village,
595	595	16 town, or city in which the association is located, post on the
596	596	17 association's website, and keep and maintain the following
597	597	18 records, including any amendments or revisions, or true and
598	598	19 complete copies of these records, at the association's
599	599	20 principal office:
600	600	21 (1) the association's declaration, bylaws, and plats
601	601	22 of survey, and all amendments of these;
602	602	23 (2) the rules and regulations of the association, if
603	603	24 any;
604	604	25 (3) if the association is incorporated as a
605	605
606	606
607	607
608	608
609	609
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611	611
612	612
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615	615	1 corporation, the articles of incorporation of the
616	616	2 association and all amendments to the articles of
617	617	3 incorporation;
618	618	4 (4) minutes of all meetings of the association and its
619	619	5 board of managers for the immediately preceding 7 years;
620	620	6 (5) all current policies of insurance of the
621	621	7 association;
622	622	8 (6) all contracts, leases, and other agreements then
623	623	9 in effect to which the association is a party or under
624	624	10 which the association or the unit owners have obligations
625	625	11 or liabilities;
626	626	12 (7) a current listing of the names, addresses, email
627	627	13 addresses, telephone numbers, and weighted vote of all
628	628	14 members entitled to vote;
629	629	15 (8) ballots and proxies related to ballots for all
630	630	16 matters voted on by the members of the association during
631	631	17 the immediately preceding 12 months, including, but not
632	632	18 limited to, the election of members of the board of
633	633	19 managers;
634	634	20 (9) the books and records for the association's
635	635	21 current and 10 immediately preceding fiscal years,
636	636	22 including, but not limited to, itemized and detailed
637	637	23 records of all receipts, expenditures, and accounts; and
638	638	24 (10) any reserve study.
639	639	25 (b) Any member of an association shall have the right to
640	640	26 inspect, examine, and make copies of the records described in
641	641
642	642
643	643
644	644
645	645
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647	647
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651	651	1 subdivisions (1), (2), (3), (4), (5), (6), (9), and (10) of
652	652	2 subsection (a) of this Section, in person or by agent, at any
653	653	3 reasonable time or times, at the association's principal
654	654	4 office. In order to exercise this right, a member must submit a
655	655	5 written request to the association's board of managers or its
656	656	6 authorized agent, stating with particularity the records
657	657	7 sought to be examined. Failure of an association's board of
658	658	8 managers to make available all records so requested within 10
659	659	9 business days of receipt of the member's written request shall
660	660	10 be deemed a denial.
661	661	11 Any member who prevails in an enforcement action to compel
662	662	12 examination of records described in subdivisions (1), (2),
663	663	13 (3), (4), (5), (6), (9), and (10) of subsection (a) of this
664	664	14 Section shall be entitled to recover reasonable attorney's
665	665	15 fees and costs from the association.
666	666	16 (c) (Blank).
667	667	17 (d) (Blank).
668	668	18 (d-5) As used in this Section, "commercial purpose" means
669	669	19 the use of any part of a record or records described in
670	670	20 subdivisions (7) and (8) of subsection (a) of this Section, or
671	671	21 information derived from such records, in any form for sale,
672	672	22 resale, or solicitation or advertisement for sales or
673	673	23 services.
674	674	24 (e) Except as otherwise provided in subsection (g) of this
675	675	25 Section, any member of an association shall have the right to
676	676	26 inspect, examine, and make copies of the records described in
677	677
678	678
679	679
680	680
681	681
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683	683
684	684
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686	686	SB1562 - 19 - LRB103 30227 LNS 56655 b
687	687	1 subdivisions (7) and (8) of subsection (a) of this Section, in
688	688	2 person or by agent, at any reasonable time or times but only
689	689	3 for a purpose that relates to the association, at the
690	690	4 association's principal office. In order to exercise this
691	691	5 right, a member must submit a written request, to the
692	692	6 association's board of managers or its authorized agent,
693	693	7 stating with particularity the records sought to be examined.
694	694	8 As a condition for exercising this right, the board of
695	695	9 managers or authorized agent of the association may require
696	696	10 the member to certify in writing that the information
697	697	11 contained in the records obtained by the member will not be
698	698	12 used by the member for any commercial purpose or for any
699	699	13 purpose that does not relate to the association. The board of
700	700	14 managers of the association may impose a fine in accordance
701	701	15 with item (l) of Section 18.4 upon any person who makes a false
702	702	16 certification. Subject to the provisions of subsection (g) of
703	703	17 this Section, failure of an association's board of managers to
704	704	18 make available all records so requested within 10 business
705	705	19 days of receipt of the member's written request shall be
706	706	20 deemed a denial; provided, however, that the board of managers
707	707	21 of an association that has adopted a secret ballot election
708	708	22 process as provided in Section 18 of this Act shall not be
709	709	23 deemed to have denied a member's request for records described
710	710	24 in subdivision (8) of subsection (a) of this Section if voting
711	711	25 ballots, without identifying unit numbers, are made available
712	712	26 to the requesting member within 10 business days of receipt of
713	713
714	714
715	715
716	716
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719	719
720	720
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723	723	1 the member's written request.
724	724	2 Any member who prevails in an enforcement action to compel
725	725	3 examination of records described in subdivision (7) or (8) of
726	726	4 subsection (a) of this Section shall be entitled to recover
727	727	5 reasonable attorney's fees and costs from the association only
728	728	6 if the court finds that the board of directors acted in bad
729	729	7 faith in denying the member's request.
730	730	8 (f) The actual cost to the association of retrieving and
731	731	9 making requested records available for inspection and
732	732	10 examination under this Section may be charged by the
733	733	11 association to the requesting member. If a member requests
734	734	12 copies of records requested under this Section, the actual
735	735	13 costs to the association of reproducing the records may also
736	736	14 be charged by the association to the requesting member.
737	737	15 (g) Notwithstanding the provisions of subsection (e) of
738	738	16 this Section, unless otherwise directed by court order, an
739	739	17 association need not make the following records available for
740	740	18 inspection, examination, or copying by its members:
741	741	19 (1) documents relating to appointment, employment,
742	742	20 discipline, or dismissal of association employees;
743	743	21 (2) documents relating to actions pending against or
744	744	22 on behalf of the association or its board of managers in a
745	745	23 court or administrative tribunal;
746	746	24 (3) documents relating to actions threatened against,
747	747	25 or likely to be asserted on behalf of, the association or
748	748	26 its board of managers in a court or administrative
749	749
750	750
751	751
752	752
753	753
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755	755
756	756
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759	759	1 tribunal;
760	760	2 (4) documents relating to common expenses or other
761	761	3 charges owed by a member other than the requesting member;
762	762	4 and
763	763	5 (5) documents provided to an association in connection
764	764	6 with the lease, sale, or other transfer of a unit by a
765	765	7 member other than the requesting member.
766	766	8 (h) The provisions of this Section are applicable to all
767	767	9 condominium instruments recorded under this Act. Any portion
768	768	10 of a condominium instrument that contains provisions contrary
769	769	11 to these provisions shall be void as against public policy and
770	770	12 ineffective. Any condominium instrument that fails to contain
771	771	13 the provisions required by this Section shall be deemed to
772	772	14 incorporate the provisions by operation of law.
773	773	15 (Source: P.A. 102-921, eff. 5-27-22.)
774	774
775	775
776	776
777	777
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