Association Records
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Can owners inspect association records?
Illinois law provides owners with rights to inspect certain association records, subject to statutory procedures, limitations and exceptions.
Not every document in the association's possession is automatically open for inspection.
Can an owner demand every email sent by every Board member?
Record requests involving Board emails can become complicated.
Whether particular communications constitute association records subject to production depends upon the content, circumstances and applicable law.
This is another reason Boards should use disciplined communication practices.
Are attorney-client communications available to owners?
Communications protected by attorney-client privilege generally receive special protection.
Boards should take care not to inadvertently waive privilege by distributing legal advice beyond those who need to receive it.
How quickly must the association respond to a records request?
Illinois statutes establish procedures and time requirements for certain record requests. The applicable statute and category of requested records matter.
Boards should promptly forward significant record requests to management and counsel rather than allowing them to sit unanswered.