“We’re supporting HB 3755 because it allows for the possibility of an award of attorney’s fees and costs to a unit owner being deemed to be the prevailing party in litigation with their association,” said Ralph Schumann (left), president of Illinois Real Estate Lawyer’s Association, a subsidiary of the Illinois State Bar Association and comprised of more than 2,500 practicing attorneys statewide. “Part of our mandate includes protecting members of the consuming public.” |
“With the exception of going to court, there are absolutely no viable resources available to homeowners who seek to live in harmony with their neighbors,” noted Benson (right). “The constant threat of association-born legal fees being passed on to a homeowner when filing suit in a court of law creates tremendous strife and trauma. The current system perpetuates an environment for associations to file frivolous suits against homeowners, tacking on more and more legal fees that owners simply cannot afford.” |
The Omnibus Condominium Bill (HB 189) includes the following financial and record examination provisions... |
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Associations with 100 or more units must use generally acceptable accounting principles in fulfilling accounting obligations. |
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Up to ten years of association books and records – including the declaration, bylaws, plats of survey, board meeting minutes, rules and regulations, articles of incorporation and insurance policies – must be made available for examination by owners within ten days of a request, up from the current period of 30 days. |
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Names, addresses, email addresses, and telephone numbers of all condominium owners and members entitled to vote must be made available for inspection. Names of owners and other personal information may not be used for commercial purposes. |
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No longer will the right to inspect documents and records require a “proper” purpose. For any purpose that relates to the association, it must make documents and records available for examination within ten days. |