Bill Text: IL HB5495 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced) 2026-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB5495 Detail]

Download: Illinois-2025-HB5495-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5495 Introduced , 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
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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
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

HB5495 - 2 - LRB104 19591 JRC 33039 b
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,
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

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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 current
or prospective 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.
(ii) All financial records for the last 7 years.
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

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appropriate accounting records. 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.
(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 19 as follows:
(765 ILCS 605/19) (from Ch. 30, par. 319)
Sec. 19. Records of the association; availability for
examination.
(a) The board of managers of every association shall keep
and maintain the following records, or true and complete
copies of these records, at the association's principal
office:
(1) the association's declaration, bylaws, and plats
of survey, and all amendments of these;
(2) the rules and regulations of the association, if
any;
(3) if the association is incorporated as a
corporation, the articles of incorporation of the
association and all amendments to the articles of
incorporation;
(4) minutes of all meetings of the association and its
board of managers for the immediately preceding 7 years;
(5) all current policies of insurance of the
association;
(6) all contracts, leases, and other agreements then

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in effect to which the association is a party or under
which the association or the unit owners have obligations
or liabilities;
(7) a current listing of the names, addresses, email
addresses, telephone numbers, and weighted vote of all
members entitled to vote;
(8) ballots and proxies related to ballots for all
matters voted on by the members of the association during
the immediately preceding 12 months, including, but not
limited to, the election of members of the board of
managers;
(9) the books and records for the association's
current and 10 immediately preceding fiscal years,
including, but not limited to, itemized and detailed
records of all receipts, expenditures, and accounts; and
(10) any reserve study.
(b) Any current or prospective member of an association
shall have the right to inspect, examine, and make copies of
the records described in subdivisions (1), (2), (3), (4), (5),
(6), (9), and (10) of subsection (a) of this Section, in person
or by agent, at any reasonable time or times, at the
association's principal office. In order to exercise this
right, a member must submit a written request to the
association's board of managers or its authorized agent,
stating with particularity the records sought to be examined.
Failure of an association's board of managers to make

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available all records so requested within 10 business days of
receipt of the member's written request shall be deemed a
denial.
Any member who prevails in an enforcement action to compel
examination of records described in subdivisions (1), (2),
(3), (4), (5), (6), (9), and (10) of subsection (a) of this
Section shall be entitled to recover reasonable attorney's
fees and costs from the association.
(c) (Blank).
(d) (Blank).
(d-5) As used in this Section, "commercial purpose" means
the use of any part of a record or records described in
subdivisions (7) and (8) of subsection (a) of this Section, or
information derived from such records, in any form for sale,
resale, or solicitation or advertisement for sales or
services.
(e) Except as otherwise provided in subsection (g) of this
Section, any member of an association shall have the right to
inspect, examine, and make copies of the records described in
subdivisions (7) and (8) of subsection (a) of this Section, in
person or by agent, at any reasonable time or times but only
for a purpose that relates to the association, at the
association's principal office. In order to exercise this
right, a member must submit a written request, to the
association's board of managers or its authorized agent,
stating with particularity the records sought to be examined.

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As a condition for exercising this right, the board of
managers or authorized agent of the association may require
the member to certify in writing that the information
contained in the records obtained by the member will not be
used by the member for any commercial purpose or for any
purpose that does not relate to the association. The board of
managers of the association may impose a fine in accordance
with item (l) of Section 18.4 upon any person who makes a false
certification. Subject to the provisions of subsection (g) of
this Section, failure of an association's board of managers to
make available all records so requested within 10 business
days of receipt of the member's written request shall be
deemed a denial; provided, however, that the board of managers
of an association that has adopted a secret ballot election
process as provided in Section 18 of this Act shall not be
deemed to have denied a member's request for records described
in subdivision (8) of subsection (a) of this Section if voting
ballots, without identifying unit numbers, are made available
to the requesting member within 10 business days of receipt of
the member's written request.
Any member who prevails in an enforcement action to compel
examination of records described in subdivision (7) or (8) of
subsection (a) of this Section shall be entitled to recover
reasonable attorney's fees and costs from the association only
if the court finds that the board of directors acted in bad
faith in denying the member's request.

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(f) The actual cost to the association of retrieving and
making requested records available for inspection and
examination under this Section may be charged by the
association to the requesting member. If a member requests
copies of records requested under this Section, the actual
costs to the association of reproducing the records may also
be charged by the association to the requesting member.
(g) Notwithstanding the provisions of subsection (e) of
this Section, unless otherwise directed by court order, an
association need not make the following records available for
inspection, examination, or copying by its members:
(1) documents relating to appointment, employment,
discipline, or dismissal of association employees;
(2) documents relating to actions pending against or
on behalf of the association or its board of managers in a
court or administrative tribunal;
(3) documents relating to actions threatened against,
or likely to be asserted on behalf of, the association or
its board of managers in a court or administrative
tribunal;
(4) documents relating to common expenses or other
charges owed by a member other than the requesting member;
and
(5) documents provided to an association in connection
with the lease, sale, or other transfer of a unit by a
member other than the requesting member.

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(h) The provisions of this Section are applicable to all
condominium instruments recorded under this Act. Any portion
of a condominium instrument that contains provisions contrary
to these provisions shall be void as against public policy and
ineffective. Any condominium instrument that fails to contain
the provisions required by this Section shall be deemed to
incorporate the provisions by operation of law.
(Source: P.A. 102-921, eff. 5-27-22.)
Section 15. The Condominium and Common Interest Community
Ombudsperson Act is amended by changing Sections 20 and 40 and
by adding Section 41 as follows:
(765 ILCS 615/20)
(Section scheduled to be repealed on January 1, 2029)
Sec. 20. Office of the Condominium and Common Interest
Community Ombudsperson.
(a) There is created in the Division of Real Estate within
the Department of Financial and Professional Regulation, under
the supervision and control of the Secretary, the Office of
the Condominium and Common Interest Community Ombudsperson.
(b) The Department shall name an Ombudsperson and other
persons as necessary to discharge the requirements of this
Act. The Ombudsperson shall have the powers delegated to him
or her by the Department, in addition to the powers set forth
in this Act.

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(c) Neither the Ombudsperson nor the Department shall have
any authority to consider matters that may constitute grounds
for charges or complaints under the Illinois Human Rights Act
or that are properly brought before the Department of Human
Rights or the Illinois Human Rights Commission, before a
comparable department or body established by a county,
municipality, or township pursuant to an ordinance prohibiting
discrimination and established for the purpose of
investigating and adjudicating charges or complaints of
discrimination under the ordinance, or before a federal agency
or commission that administers and enforces federal
anti-discrimination laws and investigates and adjudicates
charges or complaints of discrimination under such laws.
(d) (Blank.) Information and advice provided by the
Ombudsperson has no binding legal effect and is not subject to
the provisions of the Illinois Administrative Procedure Act.
(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.
99-776 for effective date of P.A. 98-1135); 99-776, eff.
8-12-16.)
(765 ILCS 615/40)
(Section scheduled to be repealed on January 1, 2029)
Sec. 40. Dispute resolution.
(a) Beginning on July 1, 2020, and subject to
appropriation, unit owners meeting the requirements of this
Section may make a written request, as outlined in subsection

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(f) of this Section, to the Ombudsperson for assistance in
resolving a dispute between a unit owner and an association
that involves a violation of the Condominium Property Act or
the Common Interest Community Association Act.
(b) The Ombudsperson shall not accept requests for
resolutions of disputes with community association managers,
supervising community association managers, or community
association management firms, as defined in the Community
Association Manager Licensing and Disciplinary Act.
(c) The Ombudsperson shall not accept requests for
resolutions of disputes for which there is a pending complaint
filed in any court or administrative tribunal in any
jurisdiction or for which arbitration or alternative dispute
resolution is scheduled to occur or has previously occurred.
(d) The assistance described in subsection (a) of this
Section is available only to unit owners. In order for a unit
owner to receive the assistance from the Ombudsperson
described in subsection (a) of this Section, the unit owner
must:
(1) owe no outstanding assessments, fees, or funds to
the association, unless the assessments, fees, or funds
are central to the dispute;
(2) allege a dispute that was initiated, or initially
occurred, within the 2 calendar years preceding the date
of the request;
(3) have made a written complaint pursuant to the unit

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owner's association's complaint policy, as outlined in
Section 35, which alleged violations of the Condominium
Property Act or the Common Interest Community Association
Act;
(4) have received a final and adverse decision from
the association and attach a copy of the association's
final adverse decision marked "final" to the request to
the Ombudsperson; and
(5) have filed the request within 30 days after the
receipt of the association's final adverse decision.
(e) A unit owner who has not received a response, marked
"final", to his or her complaint from the association within a
reasonable time may request assistance from the Ombudsperson
pursuant to subsection (a) of this Section if the unit owner
meets the requirements of items (1), (2), and (3) of
subsection (d) of this Section. A unit owner may not request
assistance from the Ombudsperson until at least 90 days after
the initial written complaint was submitted to the
association. The Ombudsperson may decline a unit owner's
request for assistance on the basis that a reasonable time has
not yet passed.
(f) The request for assistance shall be in writing, on
forms provided electronically by the Office, and include the
following:
(1) the name, address, and contact information of the
unit owner;

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(2) the name, address, and contact information of the
association;
(3) the applicable association governing documents
unless the absence of governing documents is central to
the dispute;
(4) the date of the final adverse decision by the
association;
(5) a copy of the association's written complaint
policy required under Section 35 of this Act;
(6) a copy of the unit owner's complaint to the
association with a specific reference to the alleged
violations of the Condominium Property Act or the Common
Interest Community Association Act;
(7) documentation verifying the unit owner's ownership
of a unit, such as a copy of a recorded deed or other
document conferring title; and
(8) a copy of the association's adverse decision
marked "final", if applicable.
(g) On receipt of a unit owner's request for assistance
that the Department determines meets the requirements of this
Section, the Ombudsperson shall, within the limits of the
available resources, confer with the interested parties and
assist in efforts to resolve the dispute by mutual agreement
of the parties.
(h) (Blank). The Ombudsperson shall assist only opposing
parties who mutually agree to participate in dispute

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resolution.
(i) A unit owner is limited to one request for assistance
per dispute. The meaning of dispute is to be broadly
interpreted by the Department.
(j) The Department has the authority to determine whether
or not a final decision is adverse under paragraph (4) of
subsection (d) of this Section.
(k) The Department shall, on or before July 1, 2020,
establish rules describing the time limit, method, and manner
for dispute resolution.
(l) (Blank).
(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.
99-776 for effective date of P.A. 98-1135); 99-776, eff.
8-12-16.)
(765 ILCS 615/41 new)
Sec. 41. Ombudsperson investigation.
(a) If the Ombudsperson is unable to resolve the complaint
through the dispute resolution process, the Ombudsperson may
investigate the complaint. Complainants and respondents must
cooperate with the Ombudsperson in the course of the dispute
resolution and investigation. Failure to cooperate with the
Ombudsperson is a violation of this Act. If a party fails to
furnish specified records under this Section, or if otherwise
necessary, the Department may issue a subpoena to the party.
The Department must examine the issues and the records, make

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findings of fact and conclusions of law, and issue to the
parties a written determination in response to the complaint.
The determination is binding on both the parties subject to
administrative review.
(b) If the Department finds by written determination that
a violation of this Act has occurred, the Department must
include in the written determination the action required to
cure the violation, the time within which that action must be
taken, the penalties that will be imposed if that action is not
taken within the specified time period, and the ability to
contest the determination by means of an administrative
hearing. If the respondent requests an administrative hearing,
the respondent must provide written notice to the Ombudsperson
within 7 business days.
(c) If the Department finds by written determination that
a violation of this act has not occurred, the Department shall
include the basis for the Department's determination and the
ability to contest the determination by means of an
administrative hearing. If the complainant requests an
administrative hearing, the complainant shall provide written
notice to the Ombudsperson within 7 business days.
(d) The respondent must comply with the requirements of a
written determination from the Department within seven days
after the notice of violation is received. If a respondent
fails to comply with the requirements of a notice of violation
within the required time period, and the Department has not

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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. When determining the
amount of the penalty to impose, the Ombudspersons must
consider the severity and duration of the violation and the
impact of the violation on other residents of the association.
If the respondent shows, upon timely application to the
Ombudsperson, that a good-faith effort to comply with the
requirements of the written determination has been made and
that the respondent has not complied because of mitigating
factors beyond the respondent's control, the Ombudsperson may
delay or dismiss the imposition of the penalty.