Q-We live in a coachhouse that is part of a seven-unit condominium association. The other six units are located in front of the building. We have the biggest unit and pay the largest assessment, but we can’t seem to get maintenance service for our particular area.
A maintenance company takes care of all the common areas of the building, as well as the sidewalks leading to our coachhouse. This company consistently fails to sweep or shovel snow in the area between the front of the building and our coachhouse, and the sidewalk leading to our home. I have written many letters requesting that the maintenance company perform the services in its contract, but the board of directors has done nothing to require the company to maintain the entire condominium area.
I have also requested that the board post the duties of the maintenance company so that their employees know what to do, but the board has refused to do so. I demanded that our share of the maintenance fees from assessments be returned, because the board is dealing with us in bad faith. I feel that our fees are being extorted, and there is no effort by the board to require the maintenance company to comply with its contract.
We do not receive any notice of board meetings, and the notice of unit owner meetings is sent out in a shorter time than is required by the declaration. We have also not received minutes of board meetings in a consistent manner.
Is there a governing body to whom I can file a complaint? What good is a declaration if it is ignored?
A-Regarding the unsatisfactory maintenance, you may continue to complain to the board, or try to become a director at the next annual meeting. If elected, you may be able to ensure that the maintenance level of the building is done to your satisfaction.
Many of the items you requested from the board are not required by law. The board is not required to post the duties of a maintenance service company. You are not entitled to a refund for your share of the maintenance service fees from assessments. A unit owner is not automatically entitled to receive minutes of board meetings.
Under Section 19 of the Illinois Condominium Property Act, you are only entitled to receive copies of board meeting minutes upon request within 30 days.
Each unit owner is required to receive notice by posting and regular mail or hand delivery of all board meetings. If the board is not sending you this notice, it is violating the requirements of Section 18(a)(9) of the Illinois Condominium Property Act.
There is no governing body in the State of Illinois to oversee condominium associations; and if one existed, it would effectively undercut the authority of condominium boards.
A lawsuit in this situation is highly impractical. The decision of a condominium board to repair or maintain certain areas of the property to the exclusion of others is a business decision which, absent bad faith, is not subject to question by a court.
You do not have a legal remedy unless you can show that the board is deliberately instructing the maintenance company to ignore your portion of the property. The better tactic is to persuade your fellow owners that the board is not using assessment funds in a fair manner. There is no logical reason for major conflict in a seven-unit association.
Q-I am a member of the board of directors of a large condominium in Chicago. The association treasurer and her committee will submit a proposed budget to the board without first submitting a copy to each member of the board. Aren’t the members of the board entitled to a copy of the budget before a discussion takes place? I would like to compare the proposed budget to last year’s budget, so that an intelligent conversation can take place.
A-There is nothing wrong with the procedure followed by the treasurer. Typically, the treasurer or managing agent who prepares the first draft budget submits the document to the board, which then schedules a more detailed review of the budget at the following meeting after each director has the opportunity to examine these financial projections in more detail.
There is no requirement, nor is this typical practice, to submit a budget to each director before it is formally presented to the board.
Q-I live in a three-building complex in the northwest suburbs. The documents for both the individual building condominium association and the master association prohibit the installation of antennas on any part of the building without permission from the board of directors of each association.
One of the first residents in our building, who is now retired, handicapped, and in his late 70s, received permission from the first master association and condominium boards to install his antenna 20 years ago and has the documentation to prove it.
Recently, our board claimed his documentation was not sufficient and told him to remove the antenna, but when he failed to do so, the board had the janitor remove it. The antenna was damaged beyond repair. The building has no documentation going back more than seven years. There is also political motivation for this action.
Was the board correct in taking this action? Can it rescind the actions of a prior group of directors? The owner is threatening to sue the association for its actions.
A-Sounds like the unit owner has a good case. If your declarations state that unit owners cannot install antennas on the roof of the building unless they receive prior written approval, and the written documentation clearly permitted the installation of this antenna, this case should be a “slam dunk.”
Even if the documentation is not clear, the maintenance of the antenna for a period of 20 years would prevent the board from taking enforcement action. By knowingly permitting a technical violation to occur, the board has waived its right to remove the antenna.
The board is bound by the written consent of the first board of directors, and precluded from taking enforcement action by the failure of successor boards to promptly act on a violation.
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Mark Pearlstein is a Chicago attorney who specializes in condominium law. Write to him c/o Condo Log, Real Estate Section, Chicago Tribune, 435 N. Michigan Ave., Chicago 60611. Sorry, he can’t make personal replies.
