COMMON INTEREST-RECORD/MEETING

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4618

Introduced 2/3/2026, by Rep. Dagmara Avelar

SYNOPSIS AS INTRODUCED:

765 ILCS 160/1-30
765 ILCS 160/1-40

Provides that the Act may be referred to as the Common Interest
Community Transparency Act. Amends the Common Interest Community Act.
Provides which association records must be provided to a unit owner upon
request. Specifies records that may not be disclosed. Provides that a
reasonable fee may be charged by the board for the actual cost of
retrieving and copying records, but no fee may be charged for access to or
downloading of electronic records stored on a website or other accessible
electronic file. Prohibits a board from requiring a unit owner to sign a
nondisclosure or confidentiality agreement concerning actions of the board
or association. Changes the board's notice requirements notifying unit
members of meetings of the association or the board. Requires the board to
offer video conferencing for those unit owners who physically cannot
attend a meeting. Provides that a unit owner may choose a proxy to attend a
meeting and represent the unit owner but must identify the proxy to the
board via a prescribed delivery method at least one day before the meeting.
Allows a unit owner or the owner's invitee or proxy to record board
meetings.
LRB104 15627 JRC 28794 b

A BILL FOR

HB4618
LRB104 15627 JRC 28794 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 1.
This Act may be referred to as the Common
5
Interest Community Transparency Act.

6

Section 5.
Findings.
The General Assembly finds that a
7
lack of transparency by boards in common interest communities
8
leads to poor management, embezzlement, abuse of unit owners,
9
unequal enforcement, special treatment, theft and other
10
problems. It further finds that unit owners are forced to
11
struggle with and are often forced to litigate against their
12
own boards and property managers to access the documents of
13
the association that the unit owners are entitled to see. The
14
General Assembly further finds that boards and property
15
managers often charge excessive fees to unit owners to review
16
records and documents of their association.

17

Section 10.
The Common Interest Community Association Act
18
is amended by changing Sections 1-30 and 1-40 as follows:

19

(765 ILCS 160/1-30)
20

Sec. 1-30.
Board duties and obligations; records.
21

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

HB4618
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LRB104 15627 JRC 28794 b
1

(b) A common interest community association may not enter
2
into a contract with a current board member, or with a
3
corporation, limited liability company, or partnership in
4
which a board member or a member of his or her immediate family
5
has 25% or more interest, unless notice of intent to enter into
6
the contract is given to members within 20 days after a
7
decision is made to enter into the contract and the members are
8
afforded an opportunity by filing a petition, signed by 20% of
9
the membership, for an election to approve or disapprove the
10
contract; such petition shall be filed within 20 days after
11
such notice and such election shall be held within 30 days
12
after filing the petition. For purposes of this subsection, a
13
board member's immediate family means the board member's
14
spouse, parents, siblings, and children.
15

(c) The bylaws or operating agreement shall provide for
16
the maintenance, repair, and replacement of the common areas
17
and payments therefor, including the method of approving
18
payment vouchers.
19

(d) (Blank).
20

(e) The association may engage the services of a manager
21
or management company.
22

(f) The association shall have one class of membership
23
unless the declaration, bylaws, or operating agreement provide
24
otherwise; however, this subsection (f) shall not be construed
25
to limit the operation of subsection (c) of Section 1-20 of
26
this Act.

HB4618
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LRB104 15627 JRC 28794 b
1

(g) The board shall have the power, after notice and an
2
opportunity to be heard, to levy and collect reasonable fines
3
from members or unit owners for violations of the declaration,
4
bylaws, operating agreement, and rules and regulations of the
5
common interest community association.
6

(h) Other than attorney's fees and court or arbitration
7
costs, no fees pertaining to the collection of a member's or
8
unit owner's financial obligation to the association,
9
including fees charged by a manager or managing agent, shall
10
be added to and deemed a part of a member's or unit owner's
11
respective share of the common expenses unless: (i) the
12
managing agent fees relate to the costs to collect common
13
expenses for the association; (ii) the fees are set forth in a
14
contract between the managing agent and the association; and
15
(iii) the authority to add the management fees to a member's or
16
unit owner's respective share of the common expenses is
17
specifically stated in the declaration, bylaws, or operating
18
agreement of the association.
19

(i) Board records.
20

(1) The board shall maintain the following records of
21

the association
on a website accessible to unit owners and
22

their authorized agents
and make them available for
23

examination and copying at convenient hours of weekdays
or
24

at a mutually convenient time and location within 30 miles
25

of the location of the common interest community
by any
26

member or unit owner in a common interest community

HB4618
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LRB104 15627 JRC 28794 b
1

subject to the
exemptions in subsection (m)

authority of
2

the board, their mortgagees, and their duly authorized
3

agents or attorneys
:
4

(i) Copies of the recorded declaration, other
5

community instruments, other duly recorded covenants
6

and bylaws and any amendments, articles of
7

incorporation, articles of organization, annual
8

reports, and any rules and regulations adopted by the
9

board shall be available. Prior to the organization of
10

the board, the developer shall maintain and make
11

available the records set forth in this paragraph (i)
12

for examination and copying.
An association's managing
13

agent must deliver all of the association's original
14

books and records to the association immediately upon
15

termination of its management relationship with the
16

association or upon such other demand as is made by the
17

Board. An association managing agent may keep copies
18

of the association records at its own expense.

19

(ii)
All financial records for the last 7 years in
20

a spreadsheet format produced by Excel or similar
21

software in a manner that allows unit owners to
22

download and manipulate or organize the data using
23

Excel or similar software. Financial records include,
24

but are not limited to, the income statement, balance
25

sheet, check register, current budget with monthly
26

variation, detailed records of receipts and

HB4618
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LRB104 15627 JRC 28794 b
1

expenditures affecting the operation and
2

administration of the association, reserve account
3

details, tax returns and other appropriate accounting
4

records.

Detailed and accurate records in
5

chronological order of the receipts and expenditures
6

affecting the common areas, specifying and itemizing
7

the maintenance and repair expenses of the common
8

areas and any other expenses incurred, and copies of
9

all contracts, leases, or other agreements entered
10

into by the board shall be maintained.
11

(iii) The minutes of all meetings of the board
12

which shall be maintained for not less than 7 years.
13

(iv) With a written statement of a proper purpose,
14

ballots and proxies related thereto, if any, for any
15

election held for the board and for any other matters
16

voted on by the members, which shall be maintained for
17

not less than one year.
18

(v) With a written statement of a proper purpose,
19

such other records of the board as are available for
20

inspection by members of a not-for-profit corporation
21

pursuant to Section 107.75 of the General Not For
22

Profit Corporation Act of 1986 shall be maintained.
23

(vi) With respect to units owned by a land trust, a
24

living trust, or other legal entity, the trustee,
25

officer, or manager of the entity may designate, in
26

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

HB4618
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LRB104 15627 JRC 28794 b
1

or unit owner and a designation shall remain in effect
2

until a subsequent document is filed with the
3

association.
4

(vii) Any reserve study.
5

(2) Where a request for records under this subsection
6

is made in writing to the board or its agent, failure to
7

provide the requested record or to respond within 30 days
8

shall be deemed a denial by the board.
9

(3) A reasonable fee may be charged by the board for
10

the
actual
cost of retrieving and copying records properly
11

requested
but may not charge any fee for access to or
12

downloading by a unit owner of electronic records stored
13

on a website or other accessible electronic file. A unit
14

owner has the right to request these records by
15

photocopying or through electronic means
.
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

HB4618
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LRB104 15627 JRC 28794 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

(l) A board may not require a unit owner to sign a
10
nondisclosure or confidentiality agreement concerning the
11
board or association.
12

(m) Records provided under this Section may not be used
13
for commercial purposes other than to sell or purchases
14
properties in the association and may be withheld from
15
inspection and copying to the extent that the records concern:
16

(i) personnel and medical records relating to
17

specific individuals;
18

(ii) contracts, leases, and other commercial
19

transactions to purchase or provide goods or services
20

currently being negotiated;
21

(iii) attorney-client privileged details of
22

current or potential litigation or mediation,
23

arbitration, or administrative proceedings;
24

(iv) attorney-client privileged details of current
25

or potential matters involving federal, State, or
26

local administrative or other formal proceedings

HB4618
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LRB104 15627 JRC 28794 b
1

before a governmental tribunal for enforcement of the
2

governing documents;
3

(v) legal advice or communications for current or
4

potential matters that are otherwise protected by the
5

attorney-client privilege or the attorney work product
6

doctrine, including communications with the managing
7

agent or other agent of the association;
8

(vi) information the disclosure of which would
9

violate a court order or law;
10

(vii) records of an executive session of the
11

board;
12

(viii) the personal phone number of a member if
13

requested to be held confidential by the member; and
14

(ix) security access information provided to the
15

association for emergency purposes.

16
(Source: P.A. 102-921, eff. 5-27-22; 103-486, eff. 1-1-24
.)

17

(765 ILCS 160/1-40)
18

Sec. 1-40.
Meetings.
19

(a) Notice of any membership meeting shall be given
20
detailing the time, place, and purpose of such meeting no less
21
than
14

10
and no more than 30 days prior to the meeting
22
through a prescribed delivery method
, or if requested by a
23
unit owner, by first class mail by the United States Postal
24
Service
.
25

(b) Meetings.

HB4618
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LRB104 15627 JRC 28794 b
1

(1) Twenty percent of the membership shall constitute
2

a quorum, unless the community instruments indicate a
3

lesser amount.
4

(2) The membership shall hold an annual meeting. The
5

board of directors may be elected at the annual meeting.
6

(3) Special meetings of the board may be called by the
7

president, by 25% of the members of the board, or by any
8

other method that is prescribed in the community
9

instruments. Special meetings of the membership may be
10

called by the president, the board, 20% of the membership,
11

or any other method that is prescribed in the community
12

instruments.
13

(4)
The

Except to the extent otherwise provided by
14

this Act, the
board shall give the members notice of all
15

board meetings at least
14 days

48 hours
prior to the
16

meeting by sending notice by using a prescribed delivery
17

method
and

or
by posting copies of notices of meetings in
18

entranceways, elevators, or other conspicuous places in
19

the common areas of the common interest community at least
20

48 hours prior to the meeting except where there is no
21

common entranceway for 7 or more units, the board may
22

designate one or more locations in the proximity of these
23

units where the notices of meetings shall be posted. The
24

board shall give members notice of any board meeting,
25

through a prescribed delivery method, concerning the
26

adoption of (i) the proposed annual budget, (ii) regular

HB4618
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LRB104 15627 JRC 28794 b
1

assessments, or (iii) a separate or special assessment
2

within
14

10
to 60 days prior to the meeting, unless
3

otherwise provided in Section 1-45 (a) or any other
4

provision of this Act.
5

(5) Meetings of the board shall be open to any unit
6

owner
or a person specifically invited to the meeting by
7

the unit owner. A

, except that the
board may close any
8

portion of a noticed meeting or meet separately from a
9

noticed meeting: (i) to discuss litigation when an action
10

against or on behalf of the particular association has
11

been filed and is pending in a court or administrative
12

tribunal, or when the common interest community
13

association finds that such an action is probable or
14

imminent, (ii) to discuss third party contracts or
15

information regarding appointment, employment,
16

engagement, or dismissal of an employee, independent
17

contractor, agent, or other provider of goods and
18

services, (iii) to interview a potential employee,
19

independent contractor, agent, or other provider of goods
20

and services, (iv) to discuss violations of rules and
21

regulations of the association, (v) to discuss a member's
22

or unit owner's unpaid share of common expenses, or (vi)
23

to consult with the association's legal counsel. Any vote
24

on these matters shall be taken at a meeting or portion
25

thereof open to any member.
26

(6) The board must reserve a portion of the meeting of

HB4618
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LRB104 15627 JRC 28794 b
1

the board for comments by members; provided, however, the
2

duration and meeting order for the member comment period
3

is within the sole discretion of the board.
4

(7) The board must offer video conferencing for unit
5

owners who physically cannot attend a meeting. A unit
6

owner may choose a proxy to attend a meeting and represent
7

the owner but must identify the proxy to the board via a
8

prescribed delivery method at least one day before the
9

meeting. All meetings may be recorded by any unit owner or
10

by the owner's invitee or proxy.

11
(Source: P.A. 99-567, eff. 1-1-17
.)

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