Palm v. 2800 Lake Shore Drive Condominium Ass'n
Chicago, Cook · IL · Supreme Court of Illinois
Member win · records
What happened
Unit owner Palm sought rapid financial-records access under Chicago's municipal condominium records ordinance. The association argued the ordinance conflicted with statewide condominium and nonprofit corporation records statutes. Lower courts upheld the ordinance; on April 25, 2013, the Illinois Supreme Court affirmed, preserving the owner-friendly municipal inspection regime and interim attorney-fee award against preemption attack.
What the court (or agency) held
Chicago's ordinance requiring condominium associations to allow unit owners to inspect financial books and records within three business days of a written request is a valid exercise of home-rule power even though it is less restrictive than the Illinois Condominium Property Act's proper-purpose, 10-year, and longer-response framework. The Illinois Supreme Court affirmed, preserving the owner-friendly municipal inspection regime (and interim attorney-fee award) against the association's preemption challenge.
Why this matters for members
Home-rule cities can tighten condo records access beyond the statewide floor. Associations in Chicago cannot rely on slower statewide timelines to refuse a compliant municipal request.
What the member did
Invoked the Chicago municipal books-and-records ordinance and defended it as a permissible home-rule expansion of owner inspection rights.
Questions for the board
- For Chicago properties, is the three-business-day municipal inspection clock tracked in writing?
- Are financial books produced without demanding a statewide 'proper purpose' showing first?
- What fee exposure exists if municipal access is refused?
Questions for a lawyer
- Does the municipal ordinance or the Condominium Property Act control this request?
- What records categories does the ordinance cover versus statewide law?
- How should fee petitions be framed after a successful ordinance-enforcement ruling?
Citation
Palm v. 2800 Lake Shore Drive Condominium Ass'n, 2013 IL 110505, 988 N.E.2d 75 (2013-04-25). Supreme Court of Illinois. Outcome chip: records hub / secondary. Source: https://law.justia.com/cases/illinois/supreme-court/2013/110505.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.