COM INT ASSN RECORDS COPY FEE

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2648

Introduced 2/6/2025, by Rep. Martin McLaughlin

SYNOPSIS AS INTRODUCED:

765 ILCS 160/1-30

Amends the Common Interest Community Association Act. Authorizes the
imposition of a reasonable fee that may not exceed $375 for the cost of
retrieving and copying association records that are properly requested.
Authorizes the board to charge an additional rush fee of not more than $100
if the records are needed within 72 hours of the request being made.
Requires any fees charged to be accompanied by an itemized statement
detailing the basis of the fees. Provides that, beginning one year after
the effective date of the amendatory Act, the $375 fee shall be increased
or decreased, as applicable, by a percentage equal to the percentage
change in the consumer price index-u during the preceding 12-month
calendar year. "Consumer price index-u" means the index published by the
Bureau of Labor Statistics of the United States Department of Labor that
measures the average change in prices of goods and services purchased by
all urban consumers, United States city average, all items, 1982-84 = 100.
LRB104 09657 JRC 19723 b

A BILL FOR

HB2648
LRB104 09657 JRC 19723 b
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 Common Interest Community Association Act
5
is amended by changing Section 1-30 as follows:

6

(765 ILCS 160/1-30)
7

Sec. 1-30.
Board duties and obligations; records.
8

(a) The board shall meet at least 4 times annually.
9

(b) A common interest community association may not enter
10
into a contract with a current board member, or with a
11
corporation, limited liability company, or partnership in
12
which a board member or a member of his or her immediate family
13
has 25% or more interest, unless notice of intent to enter into
14
the contract is given to members within 20 days after a
15
decision is made to enter into the contract and the members are
16
afforded an opportunity by filing a petition, signed by 20% of
17
the membership, for an election to approve or disapprove the
18
contract; such petition shall be filed within 20 days after
19
such notice and such election shall be held within 30 days
20
after filing the petition. For purposes of this subsection, a
21
board member's immediate family means the board member's
22
spouse, parents, siblings, and children.
23

(c) The bylaws or operating agreement shall provide for

HB2648
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LRB104 09657 JRC 19723 b
1
the maintenance, repair, and replacement of the common areas
2
and payments therefor, including the method of approving
3
payment vouchers.
4

(d) (Blank).
5

(e) The association may engage the services of a manager
6
or management company.
7

(f) The association shall have one class of membership
8
unless the declaration, bylaws, or operating agreement provide
9
otherwise; however, this subsection (f) shall not be construed
10
to limit the operation of subsection (c) of Section 1-20 of
11
this Act.
12

(g) The board shall have the power, after notice and an
13
opportunity to be heard, to levy and collect reasonable fines
14
from members or unit owners for violations of the declaration,
15
bylaws, operating agreement, and rules and regulations of the
16
common interest community association.
17

(h) Other than attorney's fees and court or arbitration
18
costs, no fees pertaining to the collection of a member's or
19
unit owner's financial obligation to the association,
20
including fees charged by a manager or managing agent, shall
21
be added to and deemed a part of a member's or unit owner's
22
respective share of the common expenses unless: (i) the
23
managing agent fees relate to the costs to collect common
24
expenses for the association; (ii) the fees are set forth in a
25
contract between the managing agent and the association; and
26
(iii) the authority to add the management fees to a member's or

HB2648
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LRB104 09657 JRC 19723 b
1
unit owner's respective share of the common expenses is
2
specifically stated in the declaration, bylaws, or operating
3
agreement of the association.
4

(i) Board records.
5

(1) The board shall maintain the following records of
6

the association and make them available for examination
7

and copying at convenient hours of weekdays by any member
8

or unit owner in a common interest community subject to
9

the authority of the board, their mortgagees, and their
10

duly authorized agents or attorneys:
11

(i) Copies of the recorded declaration, other
12

community instruments, other duly recorded covenants
13

and bylaws and any amendments, articles of
14

incorporation, articles of organization, annual
15

reports, and any rules and regulations adopted by the
16

board shall be available. Prior to the organization of
17

the board, the developer shall maintain and make
18

available the records set forth in this paragraph (i)
19

for examination and copying.
20

(ii) Detailed and accurate records in
21

chronological order of the receipts and expenditures
22

affecting the common areas, specifying and itemizing
23

the maintenance and repair expenses of the common
24

areas and any other expenses incurred, and copies of
25

all contracts, leases, or other agreements entered
26

into by the board shall be maintained.

HB2648
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LRB104 09657 JRC 19723 b
1

(iii) The minutes of all meetings of the board
2

which shall be maintained for not less than 7 years.
3

(iv) With a written statement of a proper purpose,
4

ballots and proxies related thereto, if any, for any
5

election held for the board and for any other matters
6

voted on by the members, which shall be maintained for
7

not less than one year.
8

(v) With a written statement of a proper purpose,
9

such other records of the board as are available for
10

inspection by members of a not-for-profit corporation
11

pursuant to Section 107.75 of the General Not For
12

Profit Corporation Act of 1986 shall be maintained.
13

(vi) With respect to units owned by a land trust, a
14

living trust, or other legal entity, the trustee,
15

officer, or manager of the entity may designate, in
16

writing, a person to cast votes on behalf of the member
17

or unit owner and a designation shall remain in effect
18

until a subsequent document is filed with the
19

association.
20

(vii) Any reserve study.
21

(2) Where a request for records under this subsection
22

is made in writing to the board or its agent, failure to
23

provide the requested record or to respond within 30 days
24

shall be deemed a denial by the board.
25

(3) A reasonable fee
not to exceed $375
may be charged
26

by the board for the cost of retrieving and copying

HB2648
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LRB104 09657 JRC 19723 b
1

records properly requested.
The board may charge an
2

additional rush fee of not to exceed $100 if the records
3

are needed within 72 hours of the request being made. Any
4

fees charged shall be accompanied by an itemized statement
5

detailing the basis of the fees. Beginning one year after
6

the effective date of this amendatory Act of the 104th
7

General Assembly, the $375 fee shall be increased or
8

decreased, as applicable, by a percentage equal to the
9

percentage change in the consumer price index-u during the
10

preceding 12-month calendar year. "Consumer price index-u"
11

means the index published by the Bureau of Labor
12

Statistics of the United States Department of Labor that
13

measures the average change in prices of goods and
14

services purchased by all urban consumers, United States
15

city average, all items, 1982-84 = 100.

16

(4) If the board fails to provide records properly
17

requested under paragraph (1) of this subsection (i)
18

within the time period provided in that paragraph (1), the
19

member may seek appropriate relief and shall be entitled
20

to an award of reasonable attorney's fees and costs if the
21

member prevails and the court finds that such failure is
22

due to the acts or omissions of the board of managers or
23

the board of directors.
24

(j) The board shall have standing and capacity to act in a
25
representative capacity in relation to matters involving the
26
common areas or more than one unit, on behalf of the members or

HB2648
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LRB104 09657 JRC 19723 b
1
unit owners as their interests may appear.
2

(k) The board may contract with the highway commissioner
3
of a road district in which the association is located, if the
4
association comprises 50% of the population or greater of the
5
township or road district, to furnish materials related to the
6
maintenance or repair of roads. Any such purchases shall be
7
included in the board's finance report as outlined in Section
8
1-45.
9
(Source: P.A. 102-921, eff. 5-27-22; 103-486, eff. 1-1-24
.)

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