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The association resisted production on the theory that the ordinance exceeded the city's constitutional home rule authority because state statutes on the same subject had different - and more relaxed - provisions.
The Illinois Condominium Property Act and the General Not For Profit Corporation Act of 1986 both require condo owners to state a proper purpose for obtaining association financial books and records, require production only of records dating back 10 years, and allow 30 days for the association to respond.
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Ordinances enacted by home rule municipalities trump state statutes unless the state expressly exercises exclusive control, the supreme court rules in a condo case.
An Illinois Supreme Court majority has ruled that a home rule municipality may enact local ordinances with different requirements than state statutes, as long as the General Assembly has not expressly exercised exclusive control over the particular subject matter of the laws.
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