In its May 28, 2010 decision in Palm v. 2800 Lake Shore Drive Condominium Assn., the Illinois Appellate Court discussed the impact of Illinois Home Rule authority on the City of Chicago Condominium Ordinance.
The case arose when the plaintiff, Gary Palm, sought production of various books and records from the defendant, 2800 Lake Shore Condominium Association, pursuant to the City of Chicago Condominium Ordinance (Ordinance) upon reasonable suspicion that the board members were engaging in unlawful activities. The Board refused to produce the documents arguing that the plaintiff’s production request violated Illinois state law, namely the Condominium Property Act and the Illinois General Not for Profit Corporation Act.
The Chicago Ordinance requires an association’s Board to produce certain documents upon any request from a unit owner. On the other hand, the Condominium Property Act and the Illinois General Not for Profit Corporation Act state that the Board must produce these documents when a fellow Board member requests them. Accordingly, the defendants argued that that the Chicago Ordinance conflicts with Illinois state law and the Board was not obligated to comply the plaintiff’s requests for production because he was not a Board member at the time of his request.
The Court held that the Chicago Ordinance pre-empted Illinois law because a statute intended to limit or deny home rule powers must contain an express statement to that effect. Because the Condominium Property Act and the Illinois General Not for Profit Corporation Act did not expressly preclude the right of home rule municipalities to govern requests for production of records from association Boards, the Chicago Ordinance pre-empted those laws.
Attorney Danya Shakfeh contributed to this post. View her blog at http://www.ShakfehLaw.com.