Evanston, Ill., City Code tit. 5 (2026) § 5-4-5-3

TERMINATION OF CONTRACTS AND LEASES OF DECLARANT (Evanston Housing Regulations)

In Force
Verified 10/12/2026 · Next check 11/11/2026
EvanstonLease Requirements

Operative Text

Evanston, Ill., City Code tit. 5 (2026) § 5-4-5-3
All contracts entered into by declarant before the board of managers elected by the unit owners takes office for (1) any management, employment or other service contract; (2) any lease of recreational or parking facilities; or (3) any other contract or lease to which a declarant or an affiliate of a declarant is a party, shall contain a clause allowing termination of said contract without penalty by the Association at any time after the elected board of managers takes office, upon not less than ninety (90) days' notice to the other party.
Source: Legislative text reproduced verbatim
Plain English

Under Evanston, Ill., City Code § 5-4-5-3, any contract or lease that a condominium declarant signs before the unit-owner-elected board of managers takes control must include a clause permitting the homeowners association to walk away from that agreement without penalty. The termination right applies to management contracts, employment or service agreements, recreational or parking facility leases, and any other contract involving the declarant or an affiliated party. To exercise this right, the association must give the other party at least ninety days' written notice after the elected board assumes office.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Declarants and developers subject to Evanston, Ill., City Code § 5-4-5-3 generally ensure that every pre-transition contract or lease — including management agreements, service contracts, and recreational or parking leases — contains an explicit no-penalty termination clause in favor of the association. Compliant operators draft these clauses before executing the agreements, not after, so that the association's right to terminate on ninety days' notice is clearly documented from the outset. Affiliates of the declarant who are parties to such contracts are equally covered by this requirement, so operators typically review all related-party agreements for compliance.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Unit owners in a condominium governed by Evanston, Ill., City Code § 5-4-5-3 have a collective interest in this provision because it protects the association they belong to from being locked into unfavorable pre-transition contracts. If an elected board of managers discovers that a declarant-era contract lacks the required no-penalty termination clause, the association may have grounds to raise that omission as a legal issue. Unit owners who believe this provision has not been honored can bring the matter to the association's board, consult a tenant- or homeowner-rights organization, or seek guidance from an attorney familiar with Illinois condominium law.

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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Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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