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TO: Mayor Irvin and the City Council
FROM: The Law Department
DATE: March 1, 2019
SUBJECT:
A resolution authorizing the Mayor to act on behalf of the City when the governing documents of a condo or homeowner's association require the City's consent as a prerequisite to the Association's adoption or recording of any amendments to such governing documents.
PURPOSE:
To clarify the process when a condo or homeowners association's governing documents require the City to approve proposed amendments to the association's governing documents.
BACKGROUND:
A local homeowners association recently asked the City to approve a proposed change to a to the association's governing documents. While law does not require the City's approval of changes of this nature, the association's governing documents themselves require the City's approval. An association's "governing documents" generally include declarations of associations, articles of incorporation, and bylaws.
While this is the first time staff recalls a request of this nature, other associations may have similar provisions in their governing documents. Because the law does not require municipal approval for these types of changes, no provisions of the Illinois Municipal Code or the City Code specifically authorize any City officer to consent them on the City's behalf. For this reason, staff believed the best path forward was for the Council to authorize the Mayor to act on behalf of the City in these unusual and likely very limited situations.
RECOMMENDATIONS:
For the City Council to exercise their authority under the Illinois municipal code and prescribe and define the duties and powers conferred to them by the City; hereby designating the Mayor to act on behalf of the City when the governing documents of a condo or homeowner's association require the City's consent as a prerequisite to the Associations adoption or recording of any amendments to such governing documents.
cc: Planning and Developme...
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