In response to the outcry against the recent amendment to Section 19 of the Illinois Condominium Property Act, the Chicago City Council passed an Ordinance on March 28, 2018 which amends Section 13-72-080 of the Chicago Condominium Ordinance.
The Ordinance, as amended, provides that no unit owner, with the exception of those on the Board of Managers of the Association, shall have the right to inspect, examine, or make copies of the Association records containing personal information. Personal information includes the names, addresses, email addresses, telephone numbers and weighted vote of all members entitled to vote.
The ordinance permits Condominium Associations in the City of Chicago to “opt-out” of the books and records provisions the Chicago Condominium Ordinance; thereby making books and records requests of owners governed by Section 19 of the Illinois Condominium Property Act. However, the decision of a Condominium Association to “opt-out” requires a two-thirds (2/3) vote of all unit owners. If a Condominium Association “opts-out,” it would be required to provide the names, addresses, email addresses, telephone numbers and weighted vote of all members entitled to vote to other owners on written request, subject to other requirements of Section 19 of the Illinois Condominium Property Act.
Ordinances are not published and effective until the next City of Chicago Council meeting. The next Council meeting is April 18, 2018.
It is important to note that this Ordinance only applies to Condominium Associations located within the City of Chicago.
The Illinois Legislature is Considering an Amendment to the Condominium Property Act
To coincide with discussion of Section 19 of the Illinois Condominium Property Act, SB 572 has been introduced in the Illinois Legislature. SB572 would amend Section 19(a)(7) of the Illinois Condominium Property Act to remove e-mail addresses and telephone numbers from the list of owner contact information that a Board must make available to unit owners on request.
Our law firm will monitor the progress of this important legislation. However, we urge you to contact your state legislator and urge them to support Senate Bill 572.
If you have any questions about the ordinance and its impact on your association, do not hesitate to contact Kovitz Shifrin Nesbit. Our law firm can be reached at 855-537-0500 or by visiting the KSN website at www.ksnlaw.com.
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