Evanston, Ill., City Code tit. 5 (2026) § 5-4-2-5
CONVEYANCE WITH UNCOMPLETE ITEMS; SECURITY: (Evanston Housing Regulations)
Operative Text
(A) Title to any sold unit shall not be conveyed before correction of all code violations within that unit except that non-life safety items that could not, because of weather conditions, be completed or corrected at the time conveyance is scheduled may be covered by a unit escrow to be set up at or prior to closing for the benefit of the individual unit purchaser and covering the estimated cost of correction of those items. There shall also be an escrow set up at or prior to closing for contracted for but not completed non-code improvements within the unit. This may, but need not be, the same "unit escrows" as that covering code violations. (B) An escrow account or other satisfactory security shall be established prior to conveyance of title to the first unit, which escrow or other security shall be for the benefit of the Unit Owners' Association, shall be utilized for and be in an amount necessary to correct the code violations in the common areas and the contracted-for but uncompleted non-code improvements of the common areas. Said "common area escrow" or other security shall have been established prior to conveyance of the first unit. (C) When the declarant has demonstrated, pursuant to regulations, that the above sections have been satisfied, the City Manager or his/her designee shall cause to be issued a certificate of approval to convey title to purchasers. The City shall, within fifteen (15) days of a request for this certificate, provide either the certificate or a list of outstanding violations.
Evanston City Code § 5-4-2-5 establishes conditions that must be met before ownership of a converted residential unit can be transferred to a buyer. All code violations in the unit must be corrected before the title changes hands, though weather-related delays on non-life-safety items may be addressed through an escrow account set up at or before closing. A separate escrow or equivalent security must also be in place to cover uncorrected code violations and unfinished improvements in common areas, for the benefit of the Unit Owners' Association. Once these requirements are satisfied, the City Manager issues a certificate of approval to convey title, and the City has fifteen days to respond to any such request.
Plain English — not legal advice.
Under § 5-4-2-5, operators and declarants converting units for sale are generally expected to resolve all code violations before closing, or to fund properly structured escrow accounts when weather conditions prevent timely completion of non-life-safety repairs. A separate common-area escrow or equivalent security must be established before the first unit title is conveyed, sized to cover outstanding common-area violations and unfinished contracted improvements. Compliant operators typically request the certificate of approval from the City Manager only after demonstrating that all escrow and correction requirements under this section have been met, allowing the City its allotted fifteen-day response window.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
§ 5-4-2-5 is designed to protect unit purchasers and future members of the Unit Owners' Association by ensuring that code violations are corrected—or financially secured—before a title transfer occurs. If a buyer believes a unit was conveyed without the required escrow accounts or without correction of code violations, that concern may be relevant to discussions with the Unit Owners' Association or to a complaint with the City of Evanston. Prospective purchasers and new unit owners who have questions about whether the required certificate of approval was properly issued may wish to consult a tenant- or homeowner-rights organization or review the City's records of outstanding violations.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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