Local Rules Trump State Rules when it comes to Condos

In Palm v 2800 Lake Shore Drive Condo Ass’n, 2013 IL 110505, the court determined that any home-rule municipality may enact its own regulations affecting condominiums, despite the existence of the Illinois Condominium Property Act. 

Following a dispute with his condominium association in 1999, Mr. Palm requested the association’s financial records pursuant to Chicago law.  Under Chicago law, a condominium owner need not provide a reason for his request; moreover, the association must provide all financial records within three business days.  On the other hand, the Illinois Condominium Property Act requires condominium owners to submit a reason for the request, limits the request to the last ten years, and gives the association thirty days to produce the documents.

At the end of the day, the condominium association in the Palm case challenged local law, and lost.  The court ruled that home rule municipalities can govern condominiums as they choose, since the state has not limited their right to do so, nor does the state have any vital interest in condominium associations.

So keep in mind that if your condominium is in a town with its own local ordinance governing condominiums, that local ordinance will supersede state law.