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Q&A: In Regards to Records

Q&A: In Regards to Records

Q. As a condo association unit owner, I have concerns about how my association’s financial records are maintained and whether funds are handled properly. What rights do I have to review or inspect the association’s books and records and what is the process for requesting access? Is there a required format for the request, how much notice must be given, or standard timelines that the association needs to follow? If they don't respond, what are my options as a unit owner?  

                          —Understanding My Rights 

A. “This is an important question —and one that comes up frequently. Illinois condominium unit owners have clearly defined statutory rights to inspect association records, but those rights come with procedural requirements that owners should understand before making a request,” says attorney Michael Shifrin of Chicago based Shifrin Legal, Inc. as he outlines the proper procedures. 

Your Statutory Right to Inspect

“Under Section 19 of the Illinois Condominium Property Act (765 ILCS 605/19), condominium associations are required to maintain a broad range of records and make them available for inspection and copying by unit owners. The records subject to these requirements include, among others: the declaration, bylaws, and plat of survey; rules and regulations; meeting minutes for the preceding seven years; current insurance policies; contracts and leases to which the association is a party; a current unit owner roster; proxies and ballots from recent elections; and financial records for the current and preceding ten fiscal years.”

 How to Make the Request—and the ‘Proper Purpose’ Requirement

“There is no mandatory form for the request, but a written request is required under the statute and is strongly advisable in all cases. A written request documents when the request was made and what was asked for, which becomes critical if the association fails to respond. The request must state with particularity the records being sought.  Importantly, for certain categories of records — including financial records and the unit owner roster — the statute requires that the request also state a "proper purpose." This means the owner should briefly explain the reason for the request, such as reviewing how a specific expenditure was authorized or verifying that reserve funds are being properly maintained. For governing documents, insurance policies, and contracts, no stated purpose is required.

Timeline for the Association's Response

“Under Section 19 of the ICPA, the association must make requested records available within 10 business days of receiving the written request. Failure to do so within that timeframe is deemed a denial under the statute. This is a statutory deadline, not a guideline, and associations that delay or ignore proper requests without a legitimate basis do so at their own legal risk.”

 What If the Association Doesn't Respond?

“A unit owner who is denied access —whether by outright refusal or non-response—may bring an action in circuit court to compel production of the records. The statute provides for an award of reasonable attorney's fees and costs to a prevailing unit owner in enforcement actions. For financial records and certain other categories, the fee-shifting provision applies where the court finds the board acted in bad faith in denying the request. This fee-shifting mechanism serves as a meaningful deterrent against improper denials.

 “Unit owners should also be aware of the Illinois Condominium and Common Interest Community Ombudsperson Act (765 ILCS 615), which provides an administrative resource for navigating association disputes. While the Ombudsperson does not adjudicate individual claims, the office can help owners understand their rights and document their concerns.”

 Shifrin continues with a practical note: “Before filing suit, a formal written demand citing Section 19 and the consequences of non-compliance will often prompt cooperation. If the association still fails to respond within the statutory window, the unit owner has a well-documented basis for court action. If you are uncertain whether the association's response is legally adequate, consulting with an attorney who concentrates in Illinois condominium law is the most efficient path forward.”

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