COMMON INTEREST ASSN-RECORDS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5617

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

SYNOPSIS AS INTRODUCED:

765 ILCS 160/1-30

Amends the Common Interest Community Act. Specifies which records of
a common interest community association must be provided to a unit owner
upon request. Specifies records that may not be disclosed. Requires a
board to maintain a secure website accessible only to unit owners and their
authorized agents so that they may download the association's records in
an electronic format at no cost. Provides that a board has no obligation to
produce electronic records otherwise if it maintains the accessible,
secure website. Provides that if the unit owner requests the records to be
delivered in paper and the association has a photocopy machine available
where the records are maintained, it must provide unit owners with copies
on request during the inspection if the entire request is limited to no
more than 25 pages. Provides that the board may charge up to 25 cents per
page for copies made on the association's photocopier if more than 25
pages. Provides that a board must allow a unit owner to use a portable
device capable of scanning or taking photographs to make an electronic
copy of the official records at no cost in lieu of the board's providing
the unit owner with a copy of records. Provides that the board may impose
fees to cover the costs of providing paper copies of the records if the
time spent retrieving and copying the records exceeds one-half hour and if
the personnel costs do not exceed $20 per hour and the personnel costs may
not be charged for records requests that result in the copying of 25 or
fewer pages. Authorizes the board to adopt reasonable written rules
governing the frequency, time, location, notice, records to be inspected,
and manner of inspections with some limitations. Provides that the board
must make available to unit owners or their authorized agents on a
quarterly basis on its secure website any transactions that the board has
entered into, to include, but not be limited to, contracts, signed
proposals, proof of payments, and final inspections of parcels in the
association. Makes other changes.
LRB104 16272 JRC 29656 b

A BILL FOR

HB5617
LRB104 16272 JRC 29656 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 Sections 1-30 and 1-40 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

HB5617
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LRB104 16272 JRC 29656 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

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LRB104 16272 JRC 29656 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
on a secure website accessible only to
7

unit owners and their authorized agents
and make them
8

available for examination and copying at convenient hours
9

of weekdays
or at a mutually convenient time and location
10

within 30 miles of the location of the common interest
11

community
by any member or unit owner in a common interest
12

community subject to the
exemptions in subsection (m)

13

authority of the board, their mortgagees, and their duly
14

authorized agents or attorneys
:
15

(i) Copies of the recorded declaration, other
16

community instruments, other duly recorded covenants
17

and bylaws and any amendments, articles of
18

incorporation, articles of organization, annual
19

reports, and any rules and regulations adopted by the
20

board shall be available. Prior to the organization of
21

the board, the developer shall maintain and make
22

available the records set forth in this paragraph (i)
23

for examination and copying.
An association's managing
24

agent must deliver all of the association's original
25

books and records to the association immediately upon
26

termination of its management relationship with the

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LRB104 16272 JRC 29656 b
1

association or upon such other demand as is made by the
2

Board. An association managing agent may keep copies
3

of the association records at its own expense.

4

(ii)
All financial records for the last 7 years in
5

a spreadsheet format produced by Excel or similar
6

software in a manner that allows unit owners to
7

download and manipulate or organize the data using
8

Excel or similar software. Financial records include,
9

but are not limited to, the income statement, balance
10

sheet, check register, current budget with monthly
11

variation, detailed records of receipts and
12

expenditures affecting the operation and
13

administration of the association, reserve account
14

details, tax returns and other appropriate accounting
15

records.

Detailed and accurate records in
16

chronological order of the receipts and expenditures
17

affecting the common areas, specifying and itemizing
18

the maintenance and repair expenses of the common
19

areas and any other expenses incurred, and copies of
20

all contracts, leases, or other agreements entered
21

into by the board shall be maintained.
22

(iii) The minutes of all meetings of the board
23

which shall be maintained for not less than 7 years.
24

(iv) With a written statement of a proper purpose,
25

ballots and proxies related thereto, if any, for any
26

election held for the board and for any other matters

HB5617
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LRB104 16272 JRC 29656 b
1

voted on by the members, which shall be maintained for
2

not less than one year.
3

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

such other records of the board as are available for
5

inspection by members of a not-for-profit corporation
6

pursuant to Section 107.75 of the General Not For
7

Profit Corporation Act of 1986 shall be maintained.
8

(vi) With respect to units owned by a land trust, a
9

living trust, or other legal entity, the trustee,
10

officer, or manager of the entity may designate, in
11

writing, a person to cast votes on behalf of the member
12

or unit owner and a designation shall remain in effect
13

until a subsequent document is filed with the
14

association.
15

(vii) Any reserve study.
16

(2) Where a request for records under this subsection
17

is made in writing to the board or its agent, failure to
18

provide the requested record or to respond within 30 days
19

shall be deemed a denial by the board.
20

(3)
The board has no obligation to produce records in
21

an electronic format if the records are available to the
22

unit owner or the owner's authorized agent on a secure
23

website maintained by the board. The board may not charge
24

any fee for access to or downloading by a unit owner of
25

electronic records stored on the secure website. If the
26

unit owner requests the records to be delivered in paper,

HB5617
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LRB104 16272 JRC 29656 b
1

the following apply to such a request:
2

(A) If the association has a photocopy machine
3

available where the records are maintained, it must
4

provide unit owners with copies on request during the
5

inspection if the entire request is limited to no more
6

than 25 pages. A board must allow a unit owner or
7

authorized agent to use a portable device, including a
8

smartphone, tablet, portable scanner, or any other
9

technology capable of scanning or taking photographs,
10

to make an electronic copy of the official records in
11

lieu of the board's providing the unit owner or
12

authorized agent with a copy of such records. The
13

board may not charge a fee to a unit owner or
14

authorized agent for the use of a portable device.
15

(B) The board may adopt reasonable written rules
16

governing the frequency, time, location, notice,
17

records to be inspected, and manner of inspections,
18

but may not require a unit owner to demonstrate any
19

proper purpose for the inspection, state any reason
20

for the inspection, or limit an owner's right to
21

inspect records to less than one 8-hour business day
22

per month.
23

(C) The board may impose fees to cover the costs of
24

providing paper copies of the records, including the
25

costs of copying and the costs required for personnel
26

to retrieve and copy the records if the time spent

HB5617
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LRB104 16272 JRC 29656 b
1

retrieving and copying the records exceeds one-half
2

hour and if the personnel costs do not exceed $20 per
3

hour. Personnel costs may not be charged for records
4

requests that result in the copying of 25 or fewer
5

pages. The board may charge up to 25 cents per page for
6

copies made on the association's photocopier if more
7

than 25 pages. If the board does not have a photocopy
8

machine available where the records are kept, or if
9

the records requested to be copied exceed 25 pages in
10

length, the association may have copies made by an
11

outside duplicating service and may charge the actual
12

cost of copying as supported by the vendor invoice.

A
13

reasonable fee may be charged by the board for the cost
14

of retrieving and copying records properly requested.
15

(4) If the board fails to provide records properly
16

requested under paragraph (1) of this subsection (i)
17

within the time period provided in that paragraph (1), the
18

member may seek appropriate relief and shall be entitled
19

to an award of reasonable attorney's fees and costs if the
20

member prevails and the court finds that such failure is
21

due to the acts or omissions of the board of managers or
22

the board of directors.
23

(j) The board shall have standing and capacity to act in a
24
representative capacity in relation to matters involving the
25
common areas or more than one unit, on behalf of the members or
26
unit owners as their interests may appear.

HB5617
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LRB104 16272 JRC 29656 b
1

(k) The board may contract with the highway commissioner
2
of a road district in which the association is located, if the
3
association comprises 50% of the population or greater of the
4
township or road district, to furnish materials related to the
5
maintenance or repair of roads. Any such purchases shall be
6
included in the board's finance report as outlined in Section
7
1-45.
8

(l) Records provided under this Section may not be used
9
for commercial purposes other than to sell or purchases
10
properties in the association and may be withheld from
11
inspection and copying to the extent that the records concern:
12

(i) personnel and medical records relating to specific
13

individuals;
14

(ii) contracts, leases, and other commercial
15

transactions to purchase or provide goods or services
16

currently being negotiated;
17

(iii) attorney-client privileged details of current or
18

potential litigation or mediation, arbitration, or
19

administrative proceedings;
20

(iv) attorney-client privileged details of current or
21

potential matters involving federal, State, or local
22

administrative or other formal proceedings before a
23

governmental tribunal for enforcement of the governing
24

documents;
25

(v) legal advice or communications for current or
26

potential matters that are otherwise protected by the

HB5617
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LRB104 16272 JRC 29656 b
1

attorney-client privilege or the attorney work product
2

doctrine, including communications with the managing agent
3

or other agent of the association;
4

(vi) information the disclosure of which would violate
5

a court order or law;
6

(vii) records of an executive session of the board;
7

(viii) the personal phone number of a member if
8

requested to be held confidential by the member; and
9

(ix) security access information provided to the
10

association for emergency purposes.

11

(m) The board must make available to unit owners or their
12
authorized agents on a quarterly basis on its secure website
13
any transactions that the board has entered into, to include,
14
but not be limited to, contracts, signed proposals, proof of
15
payments, and final inspections of parcels in the association.
16
(Source: P.A. 102-921, eff. 5-27-22; 103-486, eff. 1-1-24
.)

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