Palm v. 2800 Lake Shore Dr. Condo. Ass’n

Unit owner Palm had a dispute with his condominium association, and sought access to records and financial information. Chicago, a home rule unit, has an ordinance that requires production within three business days. Production was resisted on the theory that the ordinance was beyond the city’s home rule authority because state statutes allow 30 days to respond to such requests, and, unlike the ordinance, limit the age of the requested documents to 10 years, and require that a proper purpose be stated. The trial court ordered production; the appellate and supreme courts affirmed, finding the ordinance a valid exercise of home rule power. If the legislature intends to limit or deny the exercise of home rule powers by statute, the statute must contain an express statement to that effect. The home rule provisions of the Illinois Constitution are intended to eliminate, or reduce to a bare minimum, circumstances under which local home rule powers are preempted by judicial interpretation of unexpressed legislative intent. Comprehensive legislation which conflicts with an ordinance is insufficient to limit or restrict home rule authority. If the legislature wishes to deny or restrict the city’s authority, it may enact a statute so providing.

Palm v. 2800 Lake Shore Dr. Condo. Ass’n