Q. The board of our condominium association conducts rules violation hearings in an open session of board meetings. This permits all owners to attend and watch the hearing. I thought these rules violation hearings are supposed to be closed to owners. What is correct? Read the Q&A……………………..
Workers turned heroes after a fire breaks out at a condo complex (IL)
A fire that broke out at Chateau Richelieu turned a group of workers into heroes. Roofers sprang to action to assist residents in evacuating –especially the elderly, who required some help in getting out. Read the article……………………..
Tenant should be able to answer complaint (IL)
Q. Our condominium association issued a notice of violation to an owner regarding conduct of the owner’s tenant. The notice provided the owner with the opportunity for a hearing and described when and where the hearing with the board would take place. The owner thinks the tenant should be allowed to attend. Are tenants allowed […]
Win for free speech in condo associations as appellate court reverses case dismissal (IL)
A unit owner’s lawsuit against a Gold Coast condominium association he says retaliated against him for expressing opinions about how it was managed will be allowed to move forward. The Appellate Court of Illinois has reversed a dismissal of the complaint, saying the unit owner, Brian Connolly, did “sufficiently plead” violations by the association of […]
When units are owned by trusts, corporations and partnerships (IL)
Q. Only owners are permitted to serve on the board of our association. Each year, the association has owners complete a census form identifying the owners of the unit. However, our association runs into the same problem in many of our elections to the board. That is, we elect people who we later find out […]
Video doorbell in condominium raises privacy issue (IL)
Q. We installed a video doorbell on the door of our condominium unit. Our neighbor in the unit across the hall, whose door is directly across from our door, complained to the board saying she felt we were spying on her. The board had us remove the video door bell. Was that proper? Read the Q&A…………………..
Board members need not be full-time residents (IL)
Q. One of the board members of our association lives in another part of the state and seldom attends board meetings. Can we amend the declaration to require that a person needs to reside on the property to be elected to and serve on the board? Read the Q&A……………………..
Illinois Q & A’s
Q. As soon as the weather permits, my condominium association is planning to perform repairs to the balconies serving the individual units. The association has advised owners that the cost of repairs will be charged to the owner of the unit served by the balcony. I thought my monthly assessments pay for these repairs. Why […]
Property Management Firm Accused Of Repeatedly Overbilling Condo Associations (IL)
One of the biggest complaints among condo owners is the monthly assessments. Ever wonder why you’re always being asked to pay more? CBS 2 Investigator Dorothy Tucker uncovers one condo association’s budget battle with a management company, leaving them penniless. The Drexel Condo Association at 41st and Drexel is facing several major repairs – including […]
Homeowners On Winnetka’s Private Roads Ask Village To Cover Costs (IL)
Winnetka trustees are set to discuss whether to change its rules for annexing private roads Tuesday. The most comes in response to a request from the president of a neighborhood association, who said the policy is “outdated, makes no sense and is patently unfair” to residents of private roads. Read the article…………………
Insuring mixed-use condo buildings (IL)
Q. Your recent article on mixed-use properties hit home. The building in our Northwest suburban association has retail property on the first floor that is not part of the condominium association, and several floors of residential condominium units above that. What is the best way to handle the cost of casualty insurance for the entire […]
Board meetings shouldn’t be recorded in secret (IL)
Q. An owner in our condominium association secretly records meetings of the board of directors of the association. Is that permitted? Read the Q&A…………………..
Condo meetings generally open to owners, not public (IL)
Q. Are Illinois condominium associations subject to the Illinois Open Meetings Act? Read the Q&A…………………..
Bed Bugs, Revisited: Tiny Pests, Big Problems
Do you have a plan to address bed bugs in your association? These tiny bugs create anything but a small problem if not addressed aggressively and eradicated thoroughly. Though the below discussion is most relevant to large associations, all association board members should take note and consider implementing a bed bug plan to protect their […]
Landscape committee chairwoman wants to clean house (IL)
Q. Does a newly elected condominium board member, who is the new Landscape Committee chairwoman, have the right to “fire” five committee members of long standing? The chair gave no advance notice and had no cause, stating only that she wanted “new blood.” Read the Q&A……………………
Board can’t reject member for missing meetings (IL)
Q. One of the board members of our association misses most of our board meetings. Can the board declare the seat vacant and appoint another owner to fill the vacancy? Read the Q&A……………………..
When is an annual audit required? (IL)
Q. Do condominium associations need to have an annual audit of their financial statements by a certified public accountant? Read the Q&A………………
Neighboring tree branch damages condominium building (IL)
Q. There is a large river birch tree on the property next to our condominium association. The tree is almost on the boundary between the association and this neighboring person’s land. During a recent storm, the weight of snow and ice caused a branch to droop over our condominium building. The branch eventually caused substantial […]
Residents seek delivery box for packages (IL)
Q. The board of our association was presented a petition signed by about 30 percent of the owners requesting the board to install a secure package delivery box in the vestibule of our entrance. This box would allow small package deliveries to be made when an owner is not home. The board has expressed some […]
Small Condo Buildings Across City Still Plagued By Foreclosures (IL)
When John Lusk bought a condo in Chicago’s Uptown neighborhood, he originally thought it was his piece of the American dream. That was in 2005, as aggressive lenders were relaxing standards and hundreds of Chicago apartment buildings were going condo. Read the article…………………
Clearing guest parking spaces (IL)
Q. It is very difficult for our snowplow contractor to remove snow from the common element guest parking spaces in our condominium. Can the board of our condominium association prohibit parking in guest parking during the winter months? Read the Q&A………………….
Board intends to borrow to pay property manager (IL)
Q. We are currently a self-managed condominium association. The board of our condominium is approving hiring a professional property manager for 2019 at an upcoming board meeting. The management expense is not in the 2019 budget, and the board does not anticipate there would be any available operating funds to pay the management fees in […]
Theft of suburban family’s gay pride flag leads to heartening outcome — a neighborhood of rainbows (IL)
Casey Handal was hosting a gingerbread decorating party at her Barrington home earlier this month when she glanced out her window and noticed something unnerving: The rainbow pride flag she and her fiancee flew from their backyard flagpole was gone, replaced by the Stars and Stripes. Though Handal considers herself a proud American, she saw […]
Marina City condo board tries to rein in colorful balcony lights (IL)
With 16 of them along the circumference of 44 floors of two towers, the balconies of Marina City may arguably be what attracts the most attention to the architectural icon, particularly over the holidays when many of the balconies are decorated with string lights. But less than two weeks before Christmas, the condo board at […]
Should an owner who has not paid assessments be elected to the board? (IL)
Q. It’s time for the annual meeting for our condominium association, and a controversy has erupted over one of our rules. The association has a rule that states an owner who is delinquent in the payment of their assessments is not eligible to serve on the board. Is this a valid rule? Read the […]
Should an owner who has not paid assessments be elected to the board? (IL)
Q. It’s time for the annual meeting for our condominium association, and a controversy has erupted over one of our rules. The association has a rule that states an owner who is delinquent in the payment of their assessments is not eligible to serve on the board. Is this a valid rule? Read the Q&A………………..
Can owners keep email addresses private? (IL)
Q. I know the Illinois Condominium Property Act was changed for 2018 to require associations to provide owner email addresses and telephone numbers to other owners. I thought I heard some “buzz” that the Condominium Property Act was changed again to now eliminate this requirement. What can you tell me? Read the Q&A………………
Proposed budgets must be submitted in advance (IL)
Q. I thought the proposed budget had to be mailed to the owners 25 days prior to the board’s adoption of the budget, for all types of owners’ associations in Illinois. Is that correct? Read the Q&A……………………
Skokie condo owner files suit against Park Ridge law firm over nearly $50,000 assessment (IL)
Skokie resident alleges a Park Ridge law firm failed to investigate assessments on a condo unit on his behalf before he purchased it. According to the complaint, the plaintiff retained the defendant’s services when she purchased a condo in October 2016. She alleges she learned in December 2016 that there was a special assessment passed by […]
Owner changes mind about who will vote
Q. I gave my proxy to another owner to vote on my behalf in the upcoming election at our association. It now appears that I will be able to attend the annual meeting in person. If I attend the annual meeting, can I vote or do I have to permit the person to whom I […]
Appeals panel: Lawyer’s lawsuit vs condo board over parking space groundless, but not a SLAPP (IL)
An Illinois appeals panel says a Loop condo owner’s lawsuit against his association board over a parking space was groundless, but the man shouldn’t be forced to pay the board’s legal defense costs, because the lawsuit didn’t come in retaliation for the board’s prior legal action against him. Read the article…………………
Is condominium association responsible for mice, pest control? (IL)
Q. For the last three years each autumn, mice get into our first-floor condominium unit through a hole between the foundation and brick above. Each year I have had to hire an exterminator at significant expense to rid my unit of mice. Each year I report the problem to the board, and they have not […]
Association asked to pay for patio damage (IL)
Q. The patio of my unit (a limited common element) has been damaged by erosion from water that cascades over the gutters of our building. The gutters clog frequently with leaves from trees that overhang the gutters. The gutters are cleaned once a year by the association. I asked the board to repair the patio; […]
River City unit owners not complying with deconversion sale process, new lawsuits say (IL)
The River City condo association lobbed the latest legal volley in the drama-filled deconversion of the South Loop building, accusing owners of multiple units of failing to comply with the sale process. The association filed suits against at least 19 unit owners in the building, accusing them of failing to turn over documents needed to […]
Condo board asked to deal with secondhand smoke (IL)
Q. I recall that you have addressed second hand tobacco smoke, but I can’t recall your guidance. One of our residents works from his unit and chain smokes all day. His neighbors have bombarded the association with complaints that they smell cigarette smoke in the hallway next to his unit and in their adjacent units. […]
River City saga highlights complexities, popularity of condo deconversions (IL)
Anyone who has bought or sold a home knows the legal land mines, financial obstacles and emotions that can gum up a deal. Now, imagine trying to buy a building made up of hundreds of individual homeowners, all with their own unique financial situations and their own levels of attachment to their homes. Read […]
State supreme court will not hear case of unit owner fined for expressing opinions (IL)
The Supreme Court of Illinois will not consider the case of a unit owner fined for expressing opinions about his condo board. Michael Boucher successfully sued 111 East Chestnut Condominium Association and seven of its board members after they imposed a $500 fine against him for allegedly violating condo rules that prohibit “obnoxious or offensive […]
Board isn’t allowed to restrict free speech of unit owners (IL)
Q. Our condominium association has a rule in place concerning distribution of written materials by owners to other owners. The rule prohibits the distribution of any materials, unless first submitted to the board for approval. Is this permitted? Read the Q&A……………
Draper & Kramer misled buyer in Lincoln Park condo tower, lawsuit claims (IL)
A condo owner is suing Draper & Kramer, claiming the company’s property management arm and a condo board lured him to buy a Lincoln Park residence under false financial pretenses. Robert Cohen in July 2017 bought a unit in the Park West building, 444 West Fullerton Parkway, for $330,000. A subsidiary of Chicago-based Draper & […]
VennPoint pays $19M for suburban condo complex in latest deconversion (IL)
VennPoint Real Estate bought the Darlington Court condominium complex in Crystal Lake for $19 million, with plans for the latest Chicago-area condo deconversion. The Chicago-based firm will convert the 235-unit property into apartments, according to VennPoint’s Jake Gantz. Read the article………………
Community Association Q & A (IL)
Q. When I moved into my association, I submitted a written request to the association for approval to replace my front door, and I described the replacement door as white in color. The association approved my request to install a white front door at a board meeting, and a board member signed the form where […]
Board can’t remove president without vote (IL)
Q. A majority of the members of the board of our condominium association met privately and have stated they removed the president, “John,” from the role of president at that gathering. These board members have advised various parties of this and directed them not to deal with “John.” These board members have also stated that […]
Highland Crossing Condo Association accuses former employee, residents of defamation (IL)
Highland Crossing alleges the defendants falsely accused several employees of embezzlement and the association of aiding and abetting the embezzlement during the spring of 2018. The defendants also allegedly accused one of the association’s employees of sexually harassing women at Highland Crossing Condominiums and that the association protected, aided and abetted those crimes. Read the […]
Process server should be allowed on condo property (IL)
Q. Our association has a staffed gatehouse. The procedure in our association requires the gatehouse staff to phone a resident before permitting any guest or other person to go to the resident’s home. A process server wanted to enter the property to serve a resident, and strongly objected when the gate staff advised him of […]
Wheeling won’t use tax dollars to help condo owners make repairs (IL)
Wheeling officials have rejected a request by condominium owners for about $200,000 in taxpayer dollars to complete major repairs at their complex. Cameo North Annex Association members asked for tax increment financing assistance — money that’s earmarked for economic development projects and improvements — to repair balconies at the 51-unit complex at 200 Deborah Lane. […]
Association must protect deceased owner’s property (IL)
Q. An owner of as unit in our association recently died. Various family members have now come to the association office and have demanded that the association give them the “emergency” key to the unit. Apparently, not trusting each other, the family members are “fighting” over who should get the key and as to who […]
Illinois attorney general sues Trump Tower for river violations
Illinois’ attorney general announced a lawsuit on Tuesday against Trump Tower in Chicago, alleging the violation of environmental laws and a threat to fish in the Chicago River. The lawsuit filed by Attorney General Lisa Madigan in Cook County Circuit Court said the Trump International Hotel & Tower releases millions of gallons of water into […]
State Supreme Court asked to consider case of unit owner fined for expressing opinions (IL)
Fined for expressing opinions about his condo board, a unit owner successfully sued his condo association but now the Supreme Court of Illinois is being asked to reconsider the ruling. Michael Boucher sued 111 East Chestnut Condominium Association and seven of its board members after they imposed a $500 fine against him for allegedly violating condo […]
Wicker Park condo building under legal siege amid claims of hazardous conditions (IL)
As a legal battle over alleged shoddy work at a Wicker Park condo building winds through court, an insurance company is working to make sure it is not liable for the builder and developer’s legal woes. At issue is the six-unit condo development at 1258 North Milwaukee Avenue, which was found to have severe building […]
Owners must give access to common element repairs in their units
Q. I received a notice from the board of my condominium association that its plumbing contractor needs access to my unit in order to inspect for a source of a water leak. The board suspects it is from a pipe. The board has threatened to fine me if I do not comply. It’s my unit, […]