This is one of a series of articles regarding changes in the IL Condo Act that will become effective in 2018.

Section 19 of the IL Condo Act governs the books and records that must be maintained for examination and copying by owners. Several changes have been made to the subsections. Here are highlights:

  1. Subsection (a) (7) is amended so that the Board must maintain a list of the email addresses and phone numbers of all members for use by unit owners if requested for a purpose relating to the Association. This needs to be read in conjunction with Section 18.4 (s) which permits owners to consent to receive notices by e-mail, but permits an owner to designate an electronic address or USPS address, or both, as the unit owner’s address on any member list.
  2. Subsection (b) is amended to expand the categories of documents that an owner is entitled to examine and copy, by simply making a request in writing. This will make it easier for owners to obtain the books and records identified in these subsections. (More detail on this item will be posted in a subsequent post in this series.)
  3. Subsection (d-5) is added to define “commercial purpose” as the use of any part of a record, or records, or information derived from the records, in any form for sale, resale, or advertisements for sales and services.
  4. Subsection (e) is amended to eliminate the requirement that an owner state a “proper purpose” to examine books and records. However, as a condition, the Board may require that the requesting unit owner certifies in writing that the information will not be used for any commercial purpose, or for any purpose that does not relate to the Association. The amendment permits the Association to fine anyone making false certifications. The Board must now respond to a request for records within 10 business days, instead of 30. Additionally, the Board may, but is not required to, charge the unit owner requesting the records for the cost of retrieving the records.

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