HomeMy WebLinkAboutORDINANCES-2018-066-O-185/21 /2018
66-0-18
AN ORDINANCE
Adding City Code Subsection 5-4-5-6,
"Examination of Records by Unit Owners"
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 5-4-5-6, "Examination of Records by Unit
Owners" is hereby added to the Evanston City Code of 2012, as amended, and shall
read as follows:
5-4-5-6. - EXAMINATION OF RECORDS BY UNIT OWNERS.
(A) Pursuant to the Illinois Condominium Property Act, 765 ILCS 605/19, any person
with custody or control of the records described in this Subsection (A) must, within
ten (10) business days of a unit owner's written request, provide for inspection a
condominium association's:
1. The association's declaration, bylaws, and plats of survey, and all amendments
of these;
2. The rules and regulations of the association, if any;
3. If the association is incorporated as a corporation, the articles of incorporation of
the association and all amendments to the articles of incorporation;
4. Minutes of all meetings of the association and its board of managers for the
immediately preceding seven (7) years;
5. all current policies of insurance of the association;
6. all contracts, leases, and other agreements then in effect to which the
association is a party or under which the association or the unit owners have
obligations or liabilities; and
7. ballots and proxies related to ballots for all matters voted on by the members of
the association during the immediately preceding twelve (12) months, including
but not limited to the election of members of the board of managers; and the
books and records of account for the association's current and ten (10)
immediately preceding fiscal years, including but not limited to itemized and
detailed records of all receipts, and expenditures, and accounts.
(B) The board of managers of every association must maintain at the association's
principal office a current listing of each unit owner's personal information, including
the names, addresses, email addresses, telephone numbers, and weighted vote of
all members entitled to vote.
(C) No'unit owner, with the exception of the board of managers of the association, has
the right to inspect, examine, or make copies of the unit owners' email addresses
and telephone numbers from records described in Subsection (B). A condominium
association may choose to opt out of this Subsection by a % vote of all unit owners,
in which case the pertinent provisions of Section 19 of the Illinois Condominium
Property Act, 765 ILCS 605/19, apply.
(D) Nothing in this subsection may be construed to prohibit the board of managers of
the association from allowing unit owners to inspect, examine, or make copies of
the records of the association containing the names, addresses, weighted vote of
members entitled to vote, or 'ballots and proxies pursuant to Section 19 of the
Illinois Condominium Property Act, 765 ILCS 605/19, provided that unit owners'
email addresses and telephone numbers are redacted from such documents.
Provided however, such redaction is not required if a condominium association
chooses to opt out of Subsection (C) as provided in that subsection.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 4: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced: Aar aq , 2018 Approved:
Adopted: A&. d , 2018 , 2018
SYepfien 14. Hag y, yo
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Attest:
Devon
Approved as�tooform:
Reid, City Clerk\ Michelle L. Masoncup, Interim Corporation
Counsel
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