24-Apr-18 – Having passed an ordinance aimed at keeping personal information of condominium unit owners private, the Chicago City Council is now considering legislation that would keep a condo board from using the ordinance as an excuse not to release documents.

Only condo board members have access to email addresses and telephone numbers that unit owners give to their association. A new ordinance introduced by 42nd Ward Alderman Brendan Reilly says that if a document requested by an owner happens to contain an email address or telephone number, it still must be given to the owner but with the email address or telephone number obscured.

“Nothing in this section shall 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,” reads the ordinance, “provided that unit owners’ email addresses and telephone numbers are redacted from such documents.”

A condo association could still opt-out of the new requirements with a two-thirds-majority vote.

Privacy ordinance hinders owners from organizing, say opponents

A previous ordinance, that took effect on April 18, makes names, addresses, email addresses, telephone numbers, and weighted vote of each owner exempt from records a condo association must make available to an owner within ten business days of a written request.

Opponents say the ordinance makes it more difficult for owners to organize against a bad condo board. A lawsuit filed in Cook County Circuit Court will challenge the ordinance. Shorge Sato (left), a lawyer and secretary on his building’s condo board, says the ordinance is unconstitutional and “restricts the ability of condominium owners to hear any dissenting voices to the ‘party line’ of the condo board.”

Sato asked for a temporary restraining order to delay the ordinance from taking effect, but Circuit Court Judge David Atkins denied the motion on April 17, the day before the ordinance became law.

The new ordinance, O2018-3239, was introduced on April 18 and referred to the City Council’s Committee on Housing and Real Estate.