CONDO-CI ASSN-OMBUDSPERSON

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5495

Introduced 2/13/2026, by Rep. Margaret A. DeLaRosa

SYNOPSIS AS INTRODUCED:

765 ILCS 160/1-30
765 ILCS 605/19

from Ch. 30, par. 319
765 ILCS 615/20
765 ILCS 615/40
765 ILCS 615/41 new

Amends the Common Interest Community Association Act. Provides that
financial records of the association for the last 7 years must be made
available to unit owners upon request. Provides that financial records
include, but are not limited to, the income statement, balance sheet,
check register, current budget with monthly variation, detailed records of
receipts and expenditures affecting the operation and administration of
the association, reserve account details, tax returns and other
appropriate accounting records. Amends the Condominium and Common Interest
Community Ombudsperson Act. Provides that if the Ombudsperson is unable to
resolve the complaint through the dispute resolution process, the
Ombudsperson may investigate the complaint. Provides that the Department
of Financial and Professional Regulation must examine the issues and the
records, make findings of fact and conclusions of law, and issue to the
parties a written determination in response to the complaint. Provides
that the determination is binding on both the parties, subject to
administrative review. Provides that the respondent must comply with the
requirements of a written determination from the Department within 7 days
after the notice of violation is received. Provides that if a respondent
fails to comply with the requirements of a notice of violation within the
required time period, and the Department has not received written notice
of the respondent's request for an administrative hearing, the Department
may impose a penalty, up to a maximum of $5,000 per violation per day, for
each day that a violation remains uncorrected. Amends the Condominium
Property Act to make some conforming changes.
LRB104 19591 JRC 33039 b

A BILL FOR

HB5495
LRB104 19591 JRC 33039 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

HB5495
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LRB104 19591 JRC 33039 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

HB5495
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LRB104 19591 JRC 33039 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
current
8

or prospective
member or unit owner in a common interest
9

community subject to the authority of the board, their
10

mortgagees, and their 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)
All financial records for the last 7 years.
21

Financial records include, but are not limited to, the
22

income statement, balance sheet, check register,
23

current budget with monthly variation, detailed
24

records of receipts and expenditures affecting the
25

operation and administration of the association,
26

reserve account details, tax returns and other

HB5495
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LRB104 19591 JRC 33039 b
1

appropriate accounting records.

Detailed and accurate
2

records in chronological order of the receipts and
3

expenditures affecting the common areas, specifying
4

and itemizing the maintenance and repair expenses of
5

the common areas and any other expenses incurred, and
6

copies of all contracts, leases, or other agreements
7

entered into by the board shall be maintained.
8

(iii) The minutes of all meetings of the board
9

which shall be maintained for not less than 7 years.
10

(iv) With a written statement of a proper purpose,
11

ballots and proxies related thereto, if any, for any
12

election held for the board and for any other matters
13

voted on by the members, which shall be maintained for
14

not less than one year.
15

(v) With a written statement of a proper purpose,
16

such other records of the board as are available for
17

inspection by members of a not-for-profit corporation
18

pursuant to Section 107.75 of the General Not For
19

Profit Corporation Act of 1986 shall be maintained.
20

(vi) With respect to units owned by a land trust, a
21

living trust, or other legal entity, the trustee,
22

officer, or manager of the entity may designate, in
23

writing, a person to cast votes on behalf of the member
24

or unit owner and a designation shall remain in effect
25

until a subsequent document is filed with the
26

association.

HB5495
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LRB104 19591 JRC 33039 b
1

(vii) Any reserve study.
2

(2) Where a request for records under this subsection
3

is made in writing to the board or its agent, failure to
4

provide the requested record or to respond within 30 days
5

shall be deemed a denial by the board.
6

(3) A reasonable fee may be charged by the board for
7

the cost of retrieving and copying records properly
8

requested.
9

(4) If the board fails to provide records properly
10

requested under paragraph (1) of this subsection (i)
11

within the time period provided in that paragraph (1), the
12

member may seek appropriate relief and shall be entitled
13

to an award of reasonable attorney's fees and costs if the
14

member prevails and the court finds that such failure is
15

due to the acts or omissions of the board of managers or
16

the board of directors.
17

(j) The board shall have standing and capacity to act in a
18
representative capacity in relation to matters involving the
19
common areas or more than one unit, on behalf of the members or
20
unit owners as their interests may appear.
21

(k) The board may contract with the highway commissioner
22
of a road district in which the association is located, if the
23
association comprises 50% of the population or greater of the
24
township or road district, to furnish materials related to the
25
maintenance or repair of roads. Any such purchases shall be
26
included in the board's finance report as outlined in Section

HB5495
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LRB104 19591 JRC 33039 b
1
1-45.
2
(Source: P.A. 102-921, eff. 5-27-22; 103-486, eff. 1-1-24
.)

3

Section 10.
The Condominium Property Act is amended by
4
changing Section 19 as follows:

5

(765 ILCS 605/19)

(from Ch. 30, par. 319)
6

Sec. 19.
Records of the association; availability for
7
examination.
8

(a) The board of managers of every association shall keep
9
and maintain the following records, or true and complete
10
copies of these records, at the association's principal
11
office:
12

(1) the association's declaration, bylaws, and plats
13

of survey, and all amendments of these;
14

(2) the rules and regulations of the association, if
15

any;
16

(3) if the association is incorporated as a
17

corporation, the articles of incorporation of the
18

association and all amendments to the articles of
19

incorporation;
20

(4) minutes of all meetings of the association and its
21

board of managers for the immediately preceding 7 years;
22

(5) all current policies of insurance of the
23

association;
24

(6) all contracts, leases, and other agreements then

HB5495
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LRB104 19591 JRC 33039 b
1

in effect to which the association is a party or under
2

which the association or the unit owners have obligations
3

or liabilities;
4

(7) a current listing of the names, addresses, email
5

addresses, telephone numbers, and weighted vote of all
6

members entitled to vote;
7

(8) ballots and proxies related to ballots for all
8

matters voted on by the members of the association during
9

the immediately preceding 12 months, including, but not
10

limited to, the election of members of the board of
11

managers;
12

(9) the books and records for the association's
13

current and 10 immediately preceding fiscal years,
14

including, but not limited to, itemized and detailed
15

records of all receipts, expenditures, and accounts; and
16

(10) any reserve study.
17

(b) Any
current or prospective
member of an association
18
shall have the right to inspect, examine, and make copies of
19
the records described in subdivisions (1), (2), (3), (4), (5),
20
(6), (9), and (10) of subsection (a) of this Section, in person
21
or by agent, at any reasonable time or times, at the
22
association's principal office. In order to exercise this
23
right, a member must submit a written request to the
24
association's board of managers or its authorized agent,
25
stating with particularity the records sought to be examined.
26
Failure of an association's board of managers to make

HB5495
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LRB104 19591 JRC 33039 b
1
available all records so requested within 10 business days of
2
receipt of the member's written request shall be deemed a
3
denial.
4

Any member who prevails in an enforcement action to compel
5
examination of records described in subdivisions (1), (2),
6
(3), (4), (5), (6), (9), and (10) of subsection (a) of this
7
Section shall be entitled to recover reasonable attorney's
8
fees and costs from the association.
9

(c) (Blank).
10

(d) (Blank).
11

(d-5) As used in this Section, "commercial purpose" means
12
the use of any part of a record or records described in
13
subdivisions (7) and (8) of subsection (a) of this Section, or
14
information derived from such records, in any form for sale,
15
resale, or solicitation or advertisement for sales or
16
services.
17

(e) Except as otherwise provided in subsection (g) of this
18
Section, any member of an association shall have the right to
19
inspect, examine, and make copies of the records described in
20
subdivisions (7) and (8) of subsection (a) of this Section, in
21
person or by agent, at any reasonable time or times but only
22
for a purpose that relates to the association, at the
23
association's principal office. In order to exercise this
24
right, a member must submit a written request, to the
25
association's board of managers or its authorized agent,
26
stating with particularity the records sought to be examined.

HB5495
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LRB104 19591 JRC 33039 b
1
As a condition for exercising this right, the board of
2
managers or authorized agent of the association may require
3
the member to certify in writing that the information
4
contained in the records obtained by the member will not be
5
used by the member for any commercial purpose or for any
6
purpose that does not relate to the association. The board of
7
managers of the association may impose a fine in accordance
8
with item (l) of Section 18.4 upon any person who makes a false
9
certification. Subject to the provisions of subsection (g) of
10
this Section, failure of an association's board of managers to
11
make available all records so requested within 10 business
12
days of receipt of the member's written request shall be
13
deemed a denial; provided, however, that the board of managers
14
of an association that has adopted a secret ballot election
15
process as provided in Section 18 of this Act shall not be
16
deemed to have denied a member's request for records described
17
in subdivision (8) of subsection (a) of this Section if voting
18
ballots, without identifying unit numbers, are made available
19
to the requesting member within 10 business days of receipt of
20
the member's written request.
21

Any member who prevails in an enforcement action to compel
22
examination of records described in subdivision (7) or (8) of
23
subsection (a) of this Section shall be entitled to recover
24
reasonable attorney's fees and costs from the association only
25
if the court finds that the board of directors acted in bad
26
faith in denying the member's request.

HB5495
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LRB104 19591 JRC 33039 b
1

(f) The actual cost to the association of retrieving and
2
making requested records available for inspection and
3
examination under this Section may be charged by the
4
association to the requesting member. If a member requests
5
copies of records requested under this Section, the actual
6
costs to the association of reproducing the records may also
7
be charged by the association to the requesting member.
8

(g) Notwithstanding the provisions of subsection (e) of
9
this Section, unless otherwise directed by court order, an
10
association need not make the following records available for
11
inspection, examination, or copying by its members:
12

(1) documents relating to appointment, employment,
13

discipline, or dismissal of association employees;
14

(2) documents relating to actions pending against or
15

on behalf of the association or its board of managers in a
16

court or administrative tribunal;
17

(3) documents relating to actions threatened against,
18

or likely to be asserted on behalf of, the association or
19

its board of managers in a court or administrative
20

tribunal;
21

(4) documents relating to common expenses or other
22

charges owed by a member other than the requesting member;
23

and
24

(5) documents provided to an association in connection
25

with the lease, sale, or other transfer of a unit by a
26

member other than the requesting member.

HB5495
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LRB104 19591 JRC 33039 b
1

(h) The provisions of this Section are applicable to all
2
condominium instruments recorded under this Act. Any portion
3
of a condominium instrument that contains provisions contrary
4
to these provisions shall be void as against public policy and
5
ineffective. Any condominium instrument that fails to contain
6
the provisions required by this Section shall be deemed to
7
incorporate the provisions by operation of law.
8
(Source: P.A. 102-921, eff. 5-27-22.)

9

Section 15.
The Condominium and Common Interest Community
10
Ombudsperson Act is amended by changing Sections 20 and 40 and
11
by adding Section 41 as follows:

12

(765 ILCS 615/20)
13

(Section scheduled to be repealed on January 1, 2029)
14

Sec. 20.
Office of the Condominium and Common Interest
15
Community Ombudsperson.
16

(a) There is created in the Division of Real Estate within
17
the Department of Financial and Professional Regulation, under
18
the supervision and control of the Secretary, the Office of
19
the Condominium and Common Interest Community Ombudsperson.
20

(b) The Department shall name an Ombudsperson and other
21
persons as necessary to discharge the requirements of this
22
Act. The Ombudsperson shall have the powers delegated to him
23
or her by the Department, in addition to the powers set forth
24
in this Act.

HB5495
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LRB104 19591 JRC 33039 b
1

(c) Neither the Ombudsperson nor the Department shall have
2
any authority to consider matters that may constitute grounds
3
for charges or complaints under the Illinois Human Rights Act
4
or that are properly brought before the Department of Human
5
Rights or the Illinois Human Rights Commission, before a
6
comparable department or body established by a county,
7
municipality, or township pursuant to an ordinance prohibiting
8
discrimination and established for the purpose of
9
investigating and adjudicating charges or complaints of
10
discrimination under the ordinance, or before a federal agency
11
or commission that administers and enforces federal
12
anti-discrimination laws and investigates and adjudicates
13
charges or complaints of discrimination under such laws.
14

(d)
(Blank.)

Information and advice provided by the
15
Ombudsperson has no binding legal effect and is not subject to
16
the provisions of the Illinois Administrative Procedure Act.
17
(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.
18
99-776 for effective date of P.A. 98-1135); 99-776, eff.
19
8-12-16
.)

20

(765 ILCS 615/40)
21

(Section scheduled to be repealed on January 1, 2029)
22

Sec. 40.
Dispute resolution.
23

(a) Beginning on July 1, 2020, and subject to
24
appropriation, unit owners meeting the requirements of this
25
Section may make a written request, as outlined in subsection

HB5495
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LRB104 19591 JRC 33039 b
1
(f) of this Section, to the Ombudsperson for assistance in
2
resolving a dispute between a unit owner and an association
3
that involves a violation of the Condominium Property Act or
4
the Common Interest Community Association Act.
5

(b) The Ombudsperson shall not accept requests for
6
resolutions of disputes with community association managers,
7
supervising community association managers, or community
8
association management firms, as defined in the Community
9
Association Manager Licensing and Disciplinary Act.
10

(c) The Ombudsperson shall not accept requests for
11
resolutions of disputes for which there is a pending complaint
12
filed in any court or administrative tribunal in any
13
jurisdiction or for which arbitration or alternative dispute
14
resolution is scheduled to occur or has previously occurred.
15

(d) The assistance described in subsection (a) of this
16
Section is available only to unit owners. In order for a unit
17
owner to receive the assistance from the Ombudsperson
18
described in subsection (a) of this Section, the unit owner
19
must:
20

(1) owe no outstanding assessments, fees, or funds to
21

the association, unless the assessments, fees, or funds
22

are central to the dispute;
23

(2) allege a dispute that was initiated, or initially
24

occurred, within the 2 calendar years preceding the date
25

of the request;
26

(3) have made a written complaint pursuant to the unit

HB5495
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LRB104 19591 JRC 33039 b
1

owner's association's complaint policy, as outlined in
2

Section 35, which alleged violations of the Condominium
3

Property Act or the Common Interest Community Association
4

Act;
5

(4) have received a final and adverse decision from
6

the association and attach a copy of the association's
7

final adverse decision marked "final" to the request to
8

the Ombudsperson; and
9

(5) have filed the request within 30 days after the
10

receipt of the association's final adverse decision.
11

(e) A unit owner who has not received a response, marked
12
"final", to his or her complaint from the association within a
13
reasonable time may request assistance from the Ombudsperson
14
pursuant to subsection (a) of this Section if the unit owner
15
meets the requirements of items (1), (2), and (3) of
16
subsection (d) of this Section. A unit owner may not request
17
assistance from the Ombudsperson until at least 90 days after
18
the initial written complaint was submitted to the
19
association. The Ombudsperson may decline a unit owner's
20
request for assistance on the basis that a reasonable time has
21
not yet passed.
22

(f) The request for assistance shall be in writing, on
23
forms provided electronically by the Office, and include the
24
following:
25

(1) the name, address, and contact information of the
26

unit owner;

HB5495
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LRB104 19591 JRC 33039 b
1

(2) the name, address, and contact information of the
2

association;
3

(3) the applicable association governing documents
4

unless the absence of governing documents is central to
5

the dispute;
6

(4) the date of the final adverse decision by the
7

association;
8

(5) a copy of the association's written complaint
9

policy required under Section 35 of this Act;
10

(6) a copy of the unit owner's complaint to the
11

association with a specific reference to the alleged
12

violations of the Condominium Property Act or the Common
13

Interest Community Association Act;
14

(7) documentation verifying the unit owner's ownership
15

of a unit, such as a copy of a recorded deed or other
16

document conferring title; and
17

(8) a copy of the association's adverse decision
18

marked "final", if applicable.
19

(g) On receipt of a unit owner's request for assistance
20
that the Department determines meets the requirements of this
21
Section, the Ombudsperson shall, within the limits of the
22
available resources, confer with the interested parties and
23
assist in efforts to resolve the dispute by mutual agreement
24
of the parties.
25

(h)
(Blank).

The Ombudsperson shall assist only opposing
26
parties who mutually agree to participate in dispute

HB5495
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LRB104 19591 JRC 33039 b
1
resolution.

2

(i) A unit owner is limited to one request for assistance
3
per dispute. The meaning of dispute is to be broadly
4
interpreted by the Department.
5

(j) The Department has the authority to determine whether
6
or not a final decision is adverse under paragraph (4) of
7
subsection (d) of this Section.
8

(k) The Department shall, on or before July 1, 2020,
9
establish rules describing the time limit, method, and manner
10
for dispute resolution.
11

(l) (Blank).
12
(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.
13
99-776 for effective date of P.A. 98-1135); 99-776, eff.
14
8-12-16
.)

15

(765 ILCS 615/41 new)
16

Sec. 41.
Ombudsperson investigation.

17

(a) If the Ombudsperson is unable to resolve the complaint
18
through the dispute resolution process, the Ombudsperson may
19
investigate the complaint. Complainants and respondents must
20
cooperate with the Ombudsperson in the course of the dispute
21
resolution and investigation. Failure to cooperate with the
22
Ombudsperson is a violation of this Act. If a party fails to
23
furnish specified records under this Section, or if otherwise
24
necessary, the Department may issue a subpoena to the party.
25
The Department must examine the issues and the records, make

HB5495
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LRB104 19591 JRC 33039 b
1
findings of fact and conclusions of law, and issue to the
2
parties a written determination in response to the complaint.
3
The determination is binding on both the parties subject to
4
administrative review.
5

(b) If the Department finds by written determination that
6
a violation of this Act has occurred, the Department must
7
include in the written determination the action required to
8
cure the violation, the time within which that action must be
9
taken, the penalties that will be imposed if that action is not
10
taken within the specified time period, and the ability to
11
contest the determination by means of an administrative
12
hearing. If the respondent requests an administrative hearing,
13
the respondent must provide written notice to the Ombudsperson
14
within 7 business days.
15

(c) If the Department finds by written determination that
16
a violation of this act has not occurred, the Department shall
17
include the basis for the Department's determination and the
18
ability to contest the determination by means of an
19
administrative hearing. If the complainant requests an
20
administrative hearing, the complainant shall provide written
21
notice to the Ombudsperson within 7 business days.
22

(d) The respondent must comply with the requirements of a
23
written determination from the Department within seven days
24
after the notice of violation is received. If a respondent
25
fails to comply with the requirements of a notice of violation
26
within the required time period, and the Department has not

HB5495
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LRB104 19591 JRC 33039 b
1
received written notice of the respondent's request for an
2
administrative hearing, the Department may impose a penalty,
3
up to a maximum of $5,000 per violation per day, for each day
4
that a violation remains uncorrected. When determining the
5
amount of the penalty to impose, the Ombudspersons must
6
consider the severity and duration of the violation and the
7
impact of the violation on other residents of the association.
8
If the respondent shows, upon timely application to the
9
Ombudsperson, that a good-faith effort to comply with the
10
requirements of the written determination has been made and
11
that the respondent has not complied because of mitigating
12
factors beyond the respondent's control, the Ombudsperson may
13
delay or dismiss the imposition of the penalty.

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