The following article first appeared in the December 2014/January 2015 issue of ACTHA News. The original version of the article has been reformatted for the FRA blog. Board members, community managers, association attorneys and other community association volunteers and industry professionals are well accustomed to managing urgent requests. Associations often encounter these types of expectations in connection with record review requests received from homeowners. Fortunately for associations, timelines for responding to homeowner record requests are well established under Illinois law.Under Section 19 of the Illinois Condominium Property Act, condominium associations have 30 days after receiving a proper written request to make certain types of records (e.g., governing documents) available for inspection and copying. Requests for a second category of records (e.g., association contracts) must include a proper purpose. With respect to records falling in this second category, condominium associations have 30 business days of receipt of a proper written request to make the records available. A third category of records (e.g., documents relating to the hiring or dismissal of association employees) need only be provided if directed by court order.Associations subject to the Illinois Common Interest Community Association Act must comply with Subsection 1-30(i) of that statute. Under that provision, associations have 30 days after receiving a proper written request to make various types of records available or respond to the request. Requests for certain types of records must be accompanied by a written statement of a proper purpose.Master associations must comply with Subsection 18.5(d) of the Illinois Condominium Property Act. Under that provision, associations have 30 days after receiving a proper written request to make various types of records available or respond to the request.Non-condominium common interest community associations which are not subject to the Illinois Common Interest Community Association Act but are incorporated as Illinois not-for-profit corporations should refer to Section 107.75 of the Illinois General Not For Profit Corporation Act of 1986. This provision allows for the inspection of books and records of account and meeting minutes by voting members of the corporation. Section 107.75 requires that the request be submitted in writing and state a proper purpose but does not provide a specific time frame for responding to inspection requests.Some municipalities have condominium ordinances which address unit owner record requests. For example, Section 13-72-080 of the Municipal Code of Chicago requires that Chicago condominium associations allow unit owners to inspect books and records of account for the current and 10 immediately preceding fiscal years within 30 business days of the time the written request is received. In the recent decision reached in Oviedo v. 1270 S. Blue Island Condominium Association, the Illinois Appellate Court found that a proper purpose requirement applies under the Chicago ordinance.Applicable statutes and ordinances should be read in conjunction with an association's governing documents, which may contain additional guidelines relevant to record requests.
