Illinois owners nearly won the right to record board meetings; HB 4618 died eight days after reaching subcommittee
Illinois owners nearly won the right to record board meetings; HB 4618 died eight days after reaching subcommittee
2026-09-10 · Illinois · Legislation · Did not pass
What happened. HB 4618, the Common Interest Community Transparency Act, was filed by Rep. Dagmara Avelar on January 27, 2026 and killed on the House committee deadline. The action history is unusually legible:1
- January 27, 2026 — filed with the Clerk
- February 3, 2026 — First Reading, referred to Rules
- March 12, 2026 — assigned to Judiciary–Civil Committee
- March 19, 2026 — referred to the Commercial & Property Law Subcommittee
- March 27, 2026 — Rule 19(a), re-referred to Rules Committee
Eight days from subcommittee to death.
The six things it would have done
It amended the Common Interest Community Association Act to:
- specify which records must be provided to unit owners;
- restrict copying fees;
- prohibit confidentiality and nondisclosure agreements around board decisions;
- strengthen meeting-notice requirements;
- mandate a video-conference option for meetings; and
- permit owners or their proxies to record board meetings.
The two provisions that would have changed every meeting in the state
The recording right and the video-conference mandate are the ones worth dwelling on, because they are procedural rather than substantive and would therefore have applied immediately to every association without any board having to decide anything.
Recording. Illinois law is currently silent on whether an owner may record an open board meeting, which means the answer comes from the association's own rules — and many Illinois associations prohibit it. HB 4618 would have overridden those rules. The practical effect is not on the recording itself but on what boards say in front of owners: a meeting that may be recorded is a meeting conducted differently, and that is exactly why it is contested in both directions.
Video conference. A mandatory remote option is a real cost and a real access gain. For a 400-unit high-rise with a management company it is a line item. For a self-managed 12-unit building whose board meets in someone's living room, it is a genuine burden — and the bill carried no small-association exemption of the kind the reserve-study bills included for associations of 15 or fewer units.
Confidentiality agreements: the least-noticed clause
The prohibition on confidentiality or nondisclosure agreements around board decisions attacks a practice that is not widely discussed and is not rare: boards that require directors to sign an NDA covering board deliberations, and then treat a director who talks to owners as having breached it.
Illinois already restricts what may be discussed in closed session under 765 ILCS 605/18(a)(9), but the enforcement mechanism against a director who breaks ranks has been contractual. HB 4618 would have removed it.
What owners actually got instead
One thing, on a longer timeline. HB 5449, which did pass, requires a website by January 1, 2028 carrying meeting information and approved board minutes. That is transparency about what a board decided, delivered after the fact.
HB 4618 was transparency about how a board decides, delivered in the room. Those are not substitutes, and Illinois enacted the weaker one.
The pattern across the session
Four Avelar-package bills addressed records and process; none passed. The copying-fee caps died, the registration office died, and the enforcement-authority bills died. CAI's Illinois Legislative Action Committee opposed all of them.
What survived from the transparency agenda is the minutes page. That is a useful measure of how much of this the Illinois General Assembly is currently prepared to do.
What to watch next
Whether the recording right returns as a standalone bill. It is the cheapest provision in the package — no fiscal note, no infrastructure, no agency — and standalone process bills are considerably easier to move than omnibus transparency acts. If any part of HB 4618 comes back in the 105th General Assembly, that is the part.
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