Evanston, Ill., City Code tit. 5 (2026) § 5-4-3-5
RESALE OF UNITS (Evanston Housing Regulations)
Operative Text
(A) A unit owner other than a declarant offering for sale his/her own unit, shall provide to the purchaser concurrently with execution of any contract for sale, a copy of the declaration, bylaws and rules and regulations of the Association, and the items as described below: 1. A statement setting forth: a. The amount of the monthly common expense assessment; b. Any unpaid common expense or special assessment currently due and payable from the selling unit owner; c. The information on the total actual expenditures, by category, made for all repairs, maintenance, operation or upkeep of the common areas of the building in which the unit is located within the last three (3) years as found in the regular books of the Association. If the property has not been occupied as a condominium for a period of three (3) years, the information, if available, shall be provided for such lesser time as the property has been so occupied. 2. A statement of any other fees payable by the unit owners. 3. A statement of any future capital expenditures approved by the Association or the Board of Directors. 4. A statement of the amount of the reserves for capital expenditures and of any portions of those reserves designated by the Association for specified projects. 5. The most recent regularly prepared balance sheet and income and expense statement, if any, of the Association. 6. The current operating budget of the Association. 7. A statement of any judgments against the Association, and the status of any pending suits to which the Association is a party, of which it has knowledge. 8. A statement describing any insurance coverage provided for the benefit of unit owners. 9. A statement of whether the board of managers has received written notice from any Federal, State or local government of any violations of any applicable codes with respect to the unit or of the condominium common elements. (B) The Association, within ten (10) days after a written request by a unit owner, shall make a good faith effort to furnish accurate information necessary to enable the unit owner to comply with this Section. A unit owner delivering a statement of such information is not liable to the purchaser for any erroneous information from the Association, provided that the errors are unknown to the owner. (C) A unit owner is not liable to a purchaser for the failure or delay of the Association to provide such information in a timely manner. Inability to obtain any of the information shall be set forth in the sworn statement of the unit owner. The purchaser shall have five (5) days from receipt of such affidavit to void said contract for said failure to provide data. (D) Immediately upon execution by both parties of a sales contract, the seller shall provide to his/her condominium board the name and address of the purchaser and the board shall from that time on send duplicates of all notices sent to seller to the purchaser. (E) If any special assessment is voted for a capital improvement between the provision of the statement of information described in subsection 5-4-3-5 (A) of this Section and the closing of the sale of the unit, and this assessment exceeds five percent (5%) of the contract sale price, said assessment shall be grounds for recision of the contract by the purchaser. Said recision shall be by a writing delivered to seller not more than five (5) calendar days following receipt by the purchaser of the notice of the special assessment. Where, however, the seller notifies purchaser that seller shall assume the special assessment obligation, the purchaser may not utilize this recision provision. (F) This Section shall be attached to, incorporated into, and made part of the bylaws of all condominiums hereinafter created and shall apply to all resale contracts entered into subsequent to the effective date hereof.
Evanston City Code § 5-4-3-5 governs what financial and legal disclosures a condominium unit owner must hand over to a buyer at the time a sales contract is signed. The required package includes the association's governing documents, current budget, reserve fund details, pending litigation, insurance information, and any known code violations, among other items. The association is obligated to supply accurate information within ten days of a written request, and a buyer who receives an incomplete disclosure package may have the right to void the contract within five days. If a special assessment exceeding five percent of the contract price is approved between disclosure and closing, the buyer may also rescind the contract within five calendar days of receiving notice, unless the seller agrees to absorb that assessment.
Plain English — not legal advice.
Under Evanston City Code § 5-4-3-5, a selling unit owner in a condominium is generally expected to deliver a comprehensive disclosure package to the buyer simultaneously with contract execution — not after signing. Compliant sellers typically submit a written request to their association well in advance of any anticipated sale so the association has adequate time to compile the required financial statements, budget, reserve disclosures, litigation status, and code-violation notices within the ten-day response window. Sellers also generally notify the condominium board of the buyer's name and address immediately upon contract execution, ensuring the buyer begins receiving duplicate association notices from that point forward.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
As a condominium purchaser, § 5-4-3-5 of the Evanston City Code gives you the right to receive a detailed disclosure package — covering association finances, reserves, pending lawsuits, insurance, and known code violations — at the moment you sign a purchase contract. If the seller cannot obtain all required information from the association, you generally have five days from receipt of the seller's sworn affidavit to void the contract based on that gap. If a new special assessment exceeding five percent of the purchase price is approved before closing, you may have a right to rescind the contract within five calendar days of receiving notice; tenant-rights organizations or a housing attorney familiar with Evanston condominium law can help you understand how these protections apply to a given situation.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.