Bill Amendment: IL HB5449 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CONDO CI ASSN-DISCLSOURE INFO

Status: 2026-05-31 - Passed Both Houses [HB5449 Detail]

Download: Illinois-2025-HB5449-House_Amendment_003.html

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Rep. Rita Mayfield

Filed: 4/17/2026

 

 

 

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AMENDMENT TO HOUSE BILL 5449
AMENDMENT NO. ______. Amend House Bill 5449 by replacing
everything after the enacting clause with the following:
"Section 5. The Common Interest Community Association Act
is amended by changing Section 1-30 as follows:
(765 ILCS 160/1-30)
Sec. 1-30. Board duties and obligations; records.
(a) The board shall meet at least 4 times annually.
(b) A common interest community association may not enter
into a contract with a current board member, or with a
corporation, limited liability company, or partnership in
which a board member or a member of his or her immediate family
has 25% or more interest, unless notice of intent to enter into
the contract is given to members within 20 days after a
decision is made to enter into the contract and the members are
afforded an opportunity by filing a petition, signed by 20% of

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the membership, for an election to approve or disapprove the
contract; such petition shall be filed within 20 days after
such notice and such election shall be held within 30 days
after filing the petition. For purposes of this subsection, a
board member's immediate family means the board member's
spouse, parents, siblings, and children.
(c) The bylaws or operating agreement shall provide for
the maintenance, repair, and replacement of the common areas
and payments therefor, including the method of approving
payment vouchers.
(d) (Blank).
(e) The association may engage the services of a manager
or management company.
(f) The association shall have one class of membership
unless the declaration, bylaws, or operating agreement provide
otherwise; however, this subsection (f) shall not be construed
to limit the operation of subsection (c) of Section 1-20 of
this Act.
(g) The board shall have the power, after notice and an
opportunity to be heard, to levy and collect reasonable fines
from members or unit owners for violations of the declaration,
bylaws, operating agreement, and rules and regulations of the
common interest community association.
(h) Other than attorney's fees and court or arbitration
costs, no fees pertaining to the collection of a member's or
unit owner's financial obligation to the association,

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including fees charged by a manager or managing agent, shall
be added to and deemed a part of a member's or unit owner's
respective share of the common expenses unless: (i) the
managing agent fees relate to the costs to collect common
expenses for the association; (ii) the fees are set forth in a
contract between the managing agent and the association; and
(iii) the authority to add the management fees to a member's or
unit owner's respective share of the common expenses is
specifically stated in the declaration, bylaws, or operating
agreement of the association.
(i) Board records.
(1) The board shall maintain the following records of
the association and make them available for examination
and copying at convenient hours of weekdays by any member
or unit owner in a common interest community subject to
the authority of the board, their mortgagees, and their
duly authorized agents or attorneys:
(i) Copies of the recorded declaration, other
community instruments, other duly recorded covenants
and bylaws and any amendments, articles of
incorporation, articles of organization, annual
reports, and any rules and regulations adopted by the
board shall be available. Prior to the organization of
the board, the developer shall maintain and make
available the records set forth in this paragraph (i)
for examination and copying.

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(ii) Detailed and accurate records in
chronological order of the receipts and expenditures
affecting the common areas, specifying and itemizing
the maintenance and repair expenses of the common
areas and any other expenses incurred, and copies of
all contracts, leases, or other agreements entered
into by the board shall be maintained.
(iii) The minutes of all meetings of the board
which shall be maintained for not less than 7 years.
(iv) With a written statement of a proper purpose,
ballots and proxies related thereto, if any, for any
election held for the board and for any other matters
voted on by the members, which shall be maintained for
not less than one year.
(v) With a written statement of a proper purpose,
such other records of the board as are available for
inspection by members of a not-for-profit corporation
pursuant to Section 107.75 of the General Not For
Profit Corporation Act of 1986 shall be maintained.
(vi) With respect to units owned by a land trust, a
living trust, or other legal entity, the trustee,
officer, or manager of the entity may designate, in
writing, a person to cast votes on behalf of the member
or unit owner and a designation shall remain in effect
until a subsequent document is filed with the
association.

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(vii) Any reserve study.
(2) Where a request for records under this subsection
is made in writing to the board or its agent, failure to
provide the requested record or to respond within 30 days
shall be deemed a denial by the board.
(3) A reasonable fee may be charged by the board for
the cost of retrieving and copying records properly
requested.
(4) If the board fails to provide records properly
requested under paragraph (1) of this subsection (i)
within the time period provided in that paragraph (1), the
member may seek appropriate relief and shall be entitled
to an award of reasonable attorney's fees and costs if the
member prevails and the court finds that such failure is
due to the acts or omissions of the board of managers or
the board of directors.
(j) The board shall have standing and capacity to act in a
representative capacity in relation to matters involving the
common areas or more than one unit, on behalf of the members or
unit owners as their interests may appear.
(k) The board may contract with the highway commissioner
of a road district in which the association is located, if the
association comprises 50% of the population or greater of the
township or road district, to furnish materials related to the
maintenance or repair of roads. Any such purchases shall be
included in the board's finance report as outlined in Section

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1-45.
(l) The board must provide a website as soon as practical,
but no later than January 1, 2028, that unit owners can access
on the Internet that includes information about board and
membership meetings and the approved minutes from meetings of
the board.
(m) The board must transmit annually to the members
electronically via email a statement of the association's
financial data, to include, but not be limited to, receipts,
expenses, invoices, contracts, and obligations.
(Source: P.A. 102-921, eff. 5-27-22; 103-486, eff. 1-1-24.)
Section 10. The Condominium Property Act is amended by
changing Section 18.4 as follows:
(765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
Sec. 18.4. Powers and duties of board of managers. The
board of managers shall exercise for the association all
powers, duties and authority vested in the association by law
or the condominium instruments except for such powers, duties
and authority reserved by law to the members of the
association. The powers and duties of the board of managers
shall include, but shall not be limited to, the following:
(a) To provide for the operation, care, upkeep,
maintenance, replacement and improvement of the common
elements. Nothing in this subsection (a) shall be deemed

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to invalidate any provision in a condominium instrument
placing limits on expenditures for the common elements,
provided, that such limits shall not be applicable to
expenditures for repair, replacement, or restoration of
existing portions of the common elements. The term
"repair, replacement or restoration" means expenditures to
deteriorated or damaged portions of the property related
to the existing decorating, facilities, or structural or
mechanical components, interior or exterior surfaces, or
energy systems and equipment with the functional
equivalent of the original portions of such areas.
Replacement of the common elements may result in an
improvement over the original quality of such elements or
facilities; provided that, unless the improvement is
mandated by law or is an emergency as defined in item (iv)
of subparagraph (8) of paragraph (a) of Section 18, if the
improvement results in a proposed expenditure exceeding 5%
of the annual budget, the board of managers, upon written
petition by unit owners with 20% of the votes of the
association delivered to the board within 21 days of the
board action to approve the expenditure, shall call a
meeting of the unit owners within 30 days of the date of
delivery of the petition to consider the expenditure.
Unless a majority of the total votes of the unit owners are
cast at the meeting to reject the expenditure, it is
ratified.

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(b) To prepare, adopt and distribute the annual budget
for the property.
(c) To levy and expend assessments.
(d) To collect assessments from unit owners.
(e) To provide for the employment and dismissal of the
personnel necessary or advisable for the maintenance and
operation of the common elements.
(f) To obtain adequate and appropriate kinds of
insurance.
(g) To own, convey, encumber, lease, and otherwise
deal with units conveyed to or purchased by it.
(h) To adopt and amend rules and regulations covering
the details of the operation and use of the property,
after a meeting of the unit owners called for the specific
purpose of discussing the proposed rules and regulations.
Notice of the meeting shall contain the full text of the
proposed rules and regulations, and the meeting shall
conform to the requirements of Section 18(b) of this Act,
except that no quorum is required at the meeting of the
unit owners unless the declaration, bylaws or other
condominium instrument expressly provides to the contrary.
However, no rule or regulation may impair any rights
guaranteed by the First Amendment to the Constitution of
the United States or Section 4 of Article I of the Illinois
Constitution including, but not limited to, the free
exercise of religion, nor may any rules or regulations

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conflict with the provisions of this Act or the
condominium instruments. No rule or regulation shall
prohibit any reasonable accommodation for religious
practices, including the attachment of religiously
mandated objects to the front-door area of a condominium
unit.
(i) To keep detailed, accurate records of the receipts
and expenditures affecting the use and operation of the
property.
(j) To have access to each unit from time to time as
may be necessary for the maintenance, repair or
replacement of any common elements or for making emergency
repairs necessary to prevent damage to the common elements
or to other units.
(k) To pay real property taxes, special assessments,
and any other special taxes or charges of the State of
Illinois or of any political subdivision thereof, or other
lawful taxing or assessing body, which are authorized by
law to be assessed and levied upon the real property of the
condominium.
(l) To impose charges for late payment of a unit
owner's proportionate share of the common expenses, or any
other expenses lawfully agreed upon, and after notice and
an opportunity to be heard, to levy reasonable fines for
violation of the declaration, by-laws, and rules and
regulations of the association.

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(m) By a majority vote of the entire board of
managers, to assign the right of the association to future
income from common expenses or other sources, and to
mortgage or pledge substantially all of the remaining
assets of the association.
(n) To record the dedication of a portion of the
common elements to a public body for use as, or in
connection with, a street or utility where authorized by
the unit owners under the provisions of Section 14.2.
(o) To record the granting of an easement for the
laying of cable television or high speed Internet cable
where authorized by the unit owners under the provisions
of Section 14.3; to obtain, if available and determined by
the board to be in the best interests of the association,
cable television or bulk high speed Internet service for
all of the units of the condominium on a bulk identical
service and equal cost per unit basis; and to assess and
recover the expense as a common expense and, if so
determined by the board, to assess each and every unit on
the same equal cost per unit basis.
(p) To seek relief on behalf of all unit owners when
authorized pursuant to subsection (c) of Section 10 from
or in connection with the assessment or levying of real
property taxes, special assessments, and any other special
taxes or charges of the State of Illinois or of any
political subdivision thereof or of any lawful taxing or

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assessing body.
(q) To reasonably accommodate the needs of a unit
owner who is a person with a disability as required by the
federal Civil Rights Act of 1968, the Human Rights Act and
any applicable local ordinances in the exercise of its
powers with respect to the use of common elements or
approval of modifications in an individual unit.
(r) To accept service of a notice of claim for
purposes of the Mechanics Lien Act on behalf of each
respective member of the Unit Owners' Association with
respect to improvements performed pursuant to any contract
entered into by the Board of Managers or any contract
entered into prior to the recording of the condominium
declaration pursuant to this Act, for a property
containing more than 8 units, and to distribute the notice
to the unit owners within 7 days of the acceptance of the
service by the Board of Managers. The service shall be
effective as if each individual unit owner had been served
individually with notice.
(s) To adopt and amend rules and regulations (l)
authorizing electronic delivery of notices and other
communications required or contemplated by this Act to
each unit owner who provides the association with written
authorization for electronic delivery and an electronic
address to which such communications are to be
electronically transmitted; and (2) authorizing each unit

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owner to designate an electronic address or a U.S. Postal
Service address, or both, as the unit owner's address on
any list of members or unit owners which an association is
required to provide upon request pursuant to any provision
of this Act or any condominium instrument.
(t) The board must provide a website as soon as
practical, but no later than January 1, 2028, that unit
owners can access on the Internet that includes
information about board and membership meetings and the
approved minutes from meetings of the board.
(u) The board must transmit annually to the members
electronically via email a statement of the association's
financial data, to include, but not be limited to,
receipts, expenses, invoices, contracts, and obligations.
In the performance of their duties, the officers and
members of the board, whether appointed by the developer or
elected by the unit owners, shall exercise the care required
of a fiduciary of the unit owners.
The collection of assessments from unit owners by an
association, board of managers or their duly authorized agents
shall not be considered acts constituting a collection agency
for purposes of the Collection Agency Act.
The provisions of this Section are applicable to all
condominium instruments recorded under this Act. Any portion
of a condominium instrument which contains provisions contrary
to these provisions shall be void as against public policy and

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ineffective. Any such instrument that fails to contain the
provisions required by this Section shall be deemed to
incorporate such provisions by operation of law.
(Source: P.A. 99-143, eff. 7-27-15; 99-849, eff. 1-1-17;
100-292, eff. 1-1-18.)".