Condo legislation is never-ending, and much of it directly affects PTCA. Last issue, we summarized the two Palm cases. This time, and in subsequent issues, we’ll mention other legislation pending or completed. We are not legal beagles, so the language will be plainspoken.  Details may be found at the websites we suggest. We begin with recent legislation by the City of Chicago.

Life Safety Evaluation Ordinance

Effective January 1, 2015, a new high-rise fire safety law went into effect.  Associations found not to be following the new code may be sued by the City.  Park Tower completed these upgrades per the new code in 2014, ahead of schedule, and has already passed inspection by the City.  Effective January 1, 2015.

Condo Refuse Rebate changes

The city taxes every condo association for collecting its refuse. But the city itself only collects from smaller buildings, those with one to four condos, leaving PTCA and other large associations to hire private companies for that job – and pay twice, once to the city and once to the private company.

Recognizing the basic unfairness of this policy, the city had been rebating the larger associations $75 per year, per unit. Now, apparently on its way to eliminating that rebate, the city has reduced it to $25 annually while at the same time increasing the paperwork required for even this minimal rebate. 

Records Inspection

The Chicago ordinance has been amended to bring it into compliance with the Illinois Condominium Property Act (ICPA).

• An owner’s request must be in writing and include a “proper” purpose. Deemed not proper would be for the purpose of bringing an association to court.
• Requests for the following are permitted: contracts, leases, and other agreements to which the association is a party; the current listing of voting members’ names, addresses and voting interests; ballots and proxies for the preceding 12 months, including election of directors; and the financial records for the 10 immediately preceding fiscal years.
• An association may provide copies of requested documents, but the originals may only be made available for inspection.
• An owner who requests inspection, but then fails to establish and/or appear at an appointment to do so, has forfeited his right and must make a new request.
• The association has 30 days in which to respond to an owner’s request to inspect records or receive a copy of those records.

 by Sheldon Atovsky