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Archive for the ‘Illinois Condo Law’ tag

Illinois Condo Law Update Might Be Un-Updated

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Little Boxes
Little Boxes

Lawmakers who wrote this bill must all live in houses and townhomes: not in condo buildings. Every building has some percentage of malcontents, and who wants to be deluged with complaints from those who never offer solutions, only problems? Especially in condominiums where the Board is an unpaid, volunteer position.

It’s the part about “telephone numbers and email addresses” that is causing a ruckus, and the ruckus has taken lawmakers by surprise.

Gene Fisher is the executive director of the Diversey Harbor Lakeview Association, a coalition of elected leaders from north lakefront condominium associations. Board members are concerned that publication of their personal contact information will exacerbate harassment from dissatisfied owners, he said.

“As one of our members put it, ‘Every building has some hostile occupants. What board member wants to get repetitive crank calls from owners who do nothing but complain, or have their email filled with crank messages?’” he said.

Such egregious behaviors could discourage qualified and responsible owners from serving on their association boards, he added.

“Many owners are very protective of their personal information,” said Derek Wilkinson, vice president at Associa Chicagoland, a management company. “They do not want every person in their association to have easy access to their personal contact information. There is no ability to opt out of this information sharing, so many owners and board members are feeling powerless.”

Some owners have said they will delete their email accounts, said Timothy Patricio, property manager at Park Tower Condominium Association in Chicago.

(click here to continue reading Amendment to Illinois condo law sparks outcry, leaves owners and board members ‘feeling powerless’ – Chicago Tribune.)

In Chicago at least, there has been serious talk of an ordinance that will supersede this law. Alderman Brendan Reilly of the 42nd Ward1 and his colleague Brian Hopkins of the 2nd Ward introduced Amendment of Municipal Code Section 13-72-080 concerning requirements for examination of condominium association records by unit owners (PDF)

Can t Get Out of Here
Can’t Get Out of Here

Howard Dakoff recently wrote:

 

On Jan. 17, 2018, Hopkins and Reilly did introduce a Chicago ordinance that would prohibit Chicago unit owners (other than board members) from obtaining a list of unit owners’ email addresses and phone numbers among other personal information. The ordinance goes even further and allows a condominium association to opt out of other mandated Section 19 disclosure requirements with a two-thirds vote of the unit owners.

 

The ordinance is in direct contradiction to the provisions of Section 19, and while the aldermen believe the city of Chicago possesses the authority to do so under a legal doctrine called “home rule” (where a municipality has the authority to adopt its own legislation that might even be contrary to other applicable statutes), the proposed ordinance is quite aggressive in its breadth. There is disagreement among attorneys as to whether the ordinance can outright nullify mandated provisions of Section 19.

 

If the ordinance is adopted, it is likely there will be litigation to follow for a judicial determination regarding whether the ordinance can accomplish its objectives.

 

 

(click here to continue reading Aldermen introduce ordinance to strike down controversial part of Illinois condo law – Chicago Tribune.)

I guess if I had to provide email/phone, I could use a Google Voice account, and create a “burner” email, but the process seems ridiculous. I hope either the Chicago ordinance is passed soon, or the IL legislature revises the underlying law. Or both could happen: Chicago passes the Reilly/Hopkins ordinance, and then eventually the entire state follows suit at some later time.

Footnotes:
  1. the best Ward!! []

Written by Seth Anderson

March 23rd, 2018 at 9:48 am