Browse all Categories
We are a small association of 6 units, so do we need to file a tax return even though we aren't making money?
Can the association collect a separate annual garage assessment and then not use the majority of the total amount collected for garage repair and maintenance, but instead put it into the general fund? By the way, the garages are in need of repair and have been that way for quite some time. Thanks!
As a practical matter, it would seem an associattion subject to the CICAA which experiencesa a sufficent number of owners who become delinquent in their assessment payments to the extent the association can not continue to meet their ongoig financial obligations can not go into bankrutcy. What happens in these cases? Do they go into receivership? If so, how does an association find themselves being governed by a receiver? What are the receiver's fees and how does an association escape receivership?
Can reserve fund money be used to paint siding? Can board vote to move money from reserve fund to painting fund?
Homeowners feel $640,000 in reserve fund for 16 year old assoc with 44 town house units is healthy enough that some money could be transferred from this fund to do some maintenance. Would it be legal to transfer money from reserve for maintenance?
We have $100,000 in excess funds accumulated. Some on past boards have called this an emergency fund. We have a separate operating fund and we have a separate reserve fund. Can we use a portion of the excess funds to replace the carpeting and furniture in our reception/lobby area? The proposed total would be approximately $50,000. Or do we just put the excess funds into the reserve fund and use the reserve fund for this needed project?
How can we save funds for non-Reserve items that are needed every two or three years? These are not Reserve items but things like mulch and core aeration?
My condo association rents a storage room to our HOA's for $100.00 per month since 2011. This monthly payment is again not included in the projected income in the 2015 budget. Should this income be included in the projected income every year? Should the income be included with the Miscellaneous Income or have its own line for rental income?
Does a Board have a legal obligation to report the dollar amount of liens outstanding when the Board reports the financials? Not the names, but the total amount and how this has affected the budget process.
Can a Statutory Reserve Account be maintained withinn the Association Accounting using only one bank account?
At a Board meeting, a Board member stated the Association had liens outstanding. The Treasurer in the financial reports has never posted any liens or amounts. As a lien is money owed to the Association, should this lien amount be accounted for in the financials given to unit owners?
Our actual year-end operating expenses may come in lower than budgeted. Are we allowed to transfer any excess 'profit' to reserves to build up our reserve fund? This is a community association. Our declaration does not specify anything on this subject.
I live in a CICAA Ass'n and the Board has given financial information that is not in compliance with the CICAA requirements. Reserve income is put in the operating income and when expenses exceed income, the Board does not explain how or where the money comes in to pay expenses. What can unit owners do to make the Board give owners an true accounting?
Our Ass'n spent 250% over budget for trees. Are trees considered a reserve expense item at this level or as the Board has presented this expense as an operating expense? Blacktop service and repair was also reported as an operating expense. As this is a one time major repair, should this be a reserve expense?
Is an Illinois homeowner (not condo) association required by law or IRS to keep reserve funds separate from operating funds? If so, what does "separate" mean?
I am in a CICAA property and the annual budget was presented to owners. When you add budgeted income and budgeted expenses the income amount of the budget exceeded expenses by 5%. Is this a common practice to budget more income than the expenses? If the income does exceed expenses at the end of the year, what options do Boards normally do with the excess funds?
when do does the association recognize bad debt. We have sent several accounts to our attorney for collection. The point has been raised that when the account has been referred for collection it should be recognized as bad debt and expensed. If there is any recovery it can be added back to revenue. Our management company contends it is industry practice to keep the bad debt in accounts receivable and not recognize the expense. Please comment.
I live in a TH ass'n subject to the CICAA. At a Board meeting I asked the Board why the special assessment amount and expense was not included in the budget for the coming year. The reply was that special assessments are paid by unit owners and no accounting report is needed. The excess if any is paid to the reserve account. My question is if the money is paid to the ass'n why is this amount exempt from any type of accounting?
If we have a loan with our association and want to pay off early, do we need to get permission from the homeowners or can the board just make that decision?
We have a "Guidelines for Investment" that we follow. It was approved by our "legal" experts. We are investing with MB Financial and are doing some bond purchasing. Are we okay considering the "Palm" case?
I live in a self-managed (ha!) six unit condo and our past treasurer will not release the many documents from the past years. All she has given us is the bank statement of the past two years - no bills, receipts, etc Repeated efforts by Board members has resulted in no action on her part. From the bank statements that she did give us, there are several questionable purchases and charges on the statement -that may be why we can't get the documents. How do we go about getting them?
A condominium Association that I work with does not have 10% of its budget designated to reserve funding. Lately there have been at least 2 owners who reported prospective sales fell through because of this funding issue. Is FHA the only entity that requries 10% of the budget to be funded to reserves, or is this also requried by Fannie Mae and Freddie Mac for pending mortgage loans? Do you have a suggestion on how to compel the Board to take my advise and fund properly?
We are concerned about what happens when a house with a Reverse Mortgage is vacated either by the death of a resident or the vacating of the house by the owners. Is there anything we can do or should know to do? We know that there are some residents with a reverse mortgage, but do not know who they are. Please advise us.
Can a condominium association keep it's operating budget in a seperate bank account from the Management company? We would like to seperate our accounts so that we can track our money more effectively, and our Management company is not supportive of the idea. If we set up electronic bill pay and have authorized signers from the Management Company, what's the issue?
We have concrete walkways leading up to concrete stoops. Some of the walkways next to the stoops have sunk over the years and created tall steps to the stoops. Question is: are there any maximum stair heights until they are considered a trip hazard? Some of our steps are 9 -10 inches high. Thanks.
Very soon we plan to repair/replace the membrane on our floating garage floor with either Sonoguard or Conipur II, and have been given conflicting advice. That is whether to strip the floor down to the concrete or patch the bare spaces, then re-coat the entire floor. Three vendors say to repair and re-coat, one says that stripping down the whole floor is the way to go. Your recommendation, please.
I live in a townhome ass'n and the complex is 16-20yrs in age. The some of the side walks and driveways are in need of repair. What type of repair options should a Board consider to fix this problem and how long will each option have as a useful life.
Doors & Windows
No questions for that category. Be the first!
No questions for that category. Be the first!
No questions for that category. Be the first!
Does an association really need a reserve study? How come there can be a wide discrepancy in prices for reserve studies?
Why would I need an Engineer / Architect to bid and oversee my capital improvement project? Don't we pay our management company to handle those things for us?
What is considered the best current brand of entry locks that offer digitial keypads or any other method of input and perhaps maintain an audit trail. We have an old Schlage key lock that has been present for many, many years and many past residents, vendors, and who knows who else is in possession of the readily duplicated keys. We have 72 units with many seniors. Ease of use would be beneficial. I would think that we should tie this to a grandmaster system with all units utilizing common locks.
Handicap railings outside of condo unit. Sidewalks are formed as ramps leading to street. Only time someone needs to step over something is door threshold at front door. Access can be gained without stepping up or climbing stairs by starting at beginning of sidewalk and continuing up sidewalk to front door. This is not an assisted living community or age required community. Is the board required to allow railings on front sidewalks that lead to unit because of handicap laws?
We didn't have money to spend on wood replacement, so we just painted over rotting wood in hopes that it would give us a few more years to wood replacement. So now, we HAVE to replace the wood. Is there a product out there that we can get that will not rot? I've been hearing about Hardie products and other names, but wanted to know if this would work for us? We have cedar siding and trim currently.
What is the best way to start a siding replacement project for defining scope of work, soliciting for bids, and what else does the property need to consider. Building materials for siding: vinyl, aluminium, fiber cement what to consider with the different products during selection cost, maintenance, installatin, warranty, etc.
Does the board have a responsibility for back filling around units foundations in a townhouse type of association?
No questions for that category. Be the first!
No questions for that category. Be the first!
The state licensing act has risks associated with the complaint process; one risk to PM's is the concern about frivolous complaints being filed against them personally when they are acting on behalf of a Board and a specific association. PM's are being advised to seek representation from counsel if a complaint is filed against them. If the PM is covered under the Assoc. D&O policy, does the D&O provide defense coverage for legal fees for IDFPR complaints?
If my washing machine or dishwasher or toilet,etc.. leaks into other units, who is responsible for the damage to those units? Do I need to carry some kind of insurance that will cover not only my floors, carpets...but also the other units damage? My current Allstate policy reads:Building Property Protection-$78,400, Personal Property Protection-$20,000, Family Liability Protection-$100,000,Guest Medical Protection-$1,000, Loss Assessments-$1,000(Huh?), Condo Unit Owner's Extended Protection-$10,000(Huh again?)
We are a not-for- profit homeowners association and utility company (water and sewer) we have 72 homes. We have not insurance what kind and how much should we get or don't we need to have it?
We were going to sell our house and the man said it was not built square. Can the insurance company correct this?
A leaky roof caused damage to interior walls and ceiling of a condo unit. Is the Association liable for repairs?
I am a Property Manager of a condo Association. The Board does not understand why they need to carry workers compensation insurance when they do not have employees and only use subcontractors. Can you provide a straightforward explanation that I can provide to my Board?
Is it necessary to supply the association board ,with an insurance declaration of a homeowners property every year?
In light of the Palm case, I know that attorneys and accountants have been speaking about it at seminars, but would like to know if there's anything we should be reviewing with our insurance in reference to this case?
What is the association responsible for, when repainting a unit after there is water damage that wasn't at fault of the homeowner's unit? Is it just the primer coat or does it include the finish coat(s)?
We have are homeowners association of eight (8) townhomes. Our association does not carry property insurance as the homeowners are required to return the townhome to the association in its previous useful condition (meeting all the design requirements outlined in the association docs). We are currently requesting the association be named as an additional insured. Is this appropriate?
Our association received a quote to renew insurance for our Comminity Interest townhome association. Is it ethical to send that quote to another insurance professional to compare information to their quote and to comment whether or not coverage appears to be adequate?
I live in a townhome ass'n and some owners go to second homes for 4-6 monhs. Home onwers insurance policies have a vacancy provision and can deny coverage if the property is vacant for a period of time. What can a unit owner do to protect their unit if damage is done by a vacant unit and is the Board responsible to have second home owners carry additional coverage?
We have ash trees that need help. I'm getting two differing opinions - saving or removing. What is your advice on the ash borer disease?
The Village will be removing our ash trees and is offering a 50% reimbursement for parkway trees. Do you have any recommendations on varieties for replacement?
Our association is rewriting our landscaping RFP for 2014. Our concerns include poor turf quality and serious weed issues. What is your recommendation on what to include in the scope of work to correct these problems?
We would like to improve the aesthetics of our monument/entry area. This area is not irrigated. Do you have any recommendations on the type of plant material that would provide an impact but would not need additional watering?
Why isn't the contractor required to include free replacement of everything in the landscape that dies while they are under contract doing the maintenance?
If I am going to take the time to visit reference sites being maintained by a contractor bidding for the work in my community, what am I really looking for?
I see the letters CLP and CLT sometimes on the business cards of landscapers. What do the letters mean and why would they be important to me?
Why wouldn’t we always just hire the lowest bidder to do our landscape maintenance. Mowing is just mowing, right?
WE are a 24 unit with 5 buildings townhomes. our assessment covers water,sewer grass snow roof association budget costs and any common repairs. each homeowner own their property from street to rear. one of the buildings has a rear rear retaining wall. those owners state the HO association should repair the wall on their property. Our board disagree.
We have a resident with drainage issues, and the resident has sent notification letters to the board and the board president spoke to the contractor. The resident has not been notified. Options?
No questions for that category. Be the first!
In our monthly board meetings, are we required to follow "Robert's Rules of Order" at every meeting?
We are conducting our annual meeting of owners. Can we immediately hold a board meeting? Do we close the owners’ meeting and then convene as a board meeting?
Is a board member who was appointed by the board to fill a vacancy up for election at the next annual meeting or does he complete the term of the board member whose position he filled?
The association’s governing documents state the date of the annual meeting and the information related to the meeting is also posted on the association’s website. Is this sufficient notice of the annual meeting?
When breaking residential lease in Illinois, five months prior to lease maturity, what am I liable for?
If a homeowner files for Chapter 7 bankrupcty, can the association attempt to recoup the unpaid association dues from the homeowner?
We have a resident wishing to buildout building twice the size our covenants allow. Can we issue a variance rather than amend the covenants, or is this opening a can of worms ?
Did this question I posed on April 13, 2014 reach PropertyU?
In 1972 the developer of our Condominium created a unit for an engineer. We no longer have one and want to sell the unit. Our Condo Dec requires 100% approval of unit owners to do this. Can changes made to the IL Condo Act in 2006 override this or allow a vote to change the 100% requirement?
My HOA has been accused of selective enforcement. What is that, and how do I overcome the accusation?
A couple of our unit owners in our condominium association have had trouble selling their units because our association is not FHA certified. Our Board is considering applying for FHA certification. What are the requirements?
Our condominium association owes a lot of money to contractors and vendors. One contractor recently obtained a large judgment against the association. Is filing for bankruptcy a viable option for us?
I live in a 5013c and primarily over 55 Association. I have tried to let friends live with me and the Board continues to deny my requests based on age (under 55). I am 64. According to our bylaws 20% can be under 55 although no one under 18 can reside. They also tell me that I must ask for permission for any visitor to stay more than one night although our bylaws state a maximum of 30 days with no more than 14 days of continous visitation. There is a question of familial status as well. Thank you for the help
Can you bill an owner who has filed for bankruptcy for delinquent post petition account or are you barred from all billing?
In regard to the recent ruling from the Illinois Appellate Court on March 21, 2014, order in Palm vs 2800 Lake Shore ("Palm II") interprets the open meeting requirements of the Illinois Condominium Property Act ("ICPA") How are Boards adjusting to this ruling and in reality how does an Association Board have the time to conduct weekly open Board meetings to conduct business especially if the association has 200 units. Possible ammendment?
One of the condo owners is more than 12 months late in their maintenance fees. We would like to serve papers on them with move to evict. However, the person occupying the residence is not the owner. By law, can we serve the papers only to the person occupying the property, and meet the responsibility of due process. Do we have to prove that the owner received the necessary documentation of being arrears in maintenance fees? Thank you.
Our board is implementing a special assessment of $140,000 per unit. If I pay it up front as a lump sum, and the other owners cannot pay their shares and our condo goes bankrupt. Will I get any of the lump sum back?
We have 18 units. One, a bank takeover 15 months ago. Some of the board wants to rent the unit, collecting the association fees and rent. Members have gone into the unit -had a contractor bid on painting, plumbing, electrcial work. They want to pay for this out of reserves. Is it legal to keep rent and fees? Use reserve money on private property? I am a board member. I asked to see a written agreement from the bank and was ignored.
In 1972 the developer of our Condominium created a unit for an engineer. We no longer have one and want to sell the unit. Our Condo Dec requires 100% approval of unit owners to do this. Do changes made to the IL Condo Act in 2006 override this?
My BODs has not re-bid mgmt contract for 18+ yrs. Board members now want to go out and get a legal opinion to tell us we don't have to re-bid. Is it appropriate for a BODs not to re-bid agreement and is there a basis not to re-bid that could be supported with a legal opinion? Mgmt fee based on fixed % of operating and reserve assessments? Is this typical? Appropriate for HOA?
We have a three-person board who runs unopposed every year. They approve their re-election without a vote stating they are running unopposed so no need for a vote. Is that true? One board member resigned mid-term. The remaining two board members have not made a statement on this in regards to how or if the position will be filled. Must they fill the position?
Can our Association prohibit weapons, but allow employees and board members to carry guns in our
We are a not for profit homeowners association and utility company, providing water and sewer service for 72 homes. When we bill the residents for services the officers are alloted free services up to the average amount used by the members. This comes to around $450 each for the four officers yearly. This is intended to cover the officers expenses. Could this be interpreted are payment for their services and we need to get workman' comp. etc. ?
Our condo association bylaws allow the Board to set the selling price of a unit for resale. Is this legal? There's an article in our bylaws that limits the resale value by allowing the association to create an appreciation formula so any unit sales will occur below market value. If the sale price goes above what they determine the price should be, the excess money has to be given to the association. Is this a legal, enforceable bylaw?
Once a bank wins the bid on a foreclosed condo, can they hold up recording the deed so they do not have to pay assessments?
We bought a time share in Las Vegas for a studio and signed another contract for a one bedroom and now it is in Florida. What happened and can we change it back?
Can the association deny delinquent homeowners 2 to 4 years behind in assessments services like grass cutting and lost of parking priviledges of common area, not pay for their roof inspection ? All have refuse all efforts from the association to work with them in a repayment plan for over a year. We have sent 30 day notices which were rescinded, two designed letters of repayment which were refused also. Threatened ... Nothing we do has resulted in a reply from delinquent owners.
How can I challenge a board's use of the association budget for expenditures that are not authorized by Assn documents? The document that governs sharing of landscape expenses with a neighboring Assn provides that othe board is only required to pay to maintain the landscaping, as it was originally provided, for the shared area. However the board paid for significant upgrades by the other Assn, which by my read (and previous guidance from our Assn's attorney) is in violation of the governing documents.
I live in a common interest community and our original declaration was not submitted to the provisions of the ICPA. Also, our Articles of Incorporation states we are not established as a condominium under the ICPA. Since our board has not taken any action to adopt the Illinois CICAA of July 29, 2010, my question is what law are we governed by...the CICAA or the ICPA? Thank you for clarifying this for me.
What is the condo assoc. responsibility as to providing senior handicap accessibility and mother's with small child and babies to our outside swimming pool? We suggested a paved walkway but they are balking at spending money for a engineering study. Is there a federal law that requires this? IT is difficult to walk on grass or for seniors to go down the steps Thank you
How does a condo association deal with a corporation that buys to rent, quorum proxy for annual mtg., etc.. with a corporation not being one person?
Does sending an article from a newspaper for other board members to read constitute a meeting? What if a comment on the article is sent to the other members of the board?
Managing a condo building, how long do I have to keep records? Minutes, invoices, contracts, newsletters, copies of checks, resident files, employee records, etc. Thank you.
Our Condo Association By-Laws require 100% owner occupancy. One unit owner ( a real estate agent) has been pushing to allow rentals; after failing to persuade other owners he informed the Board that he intends to sell a 1% share of ownership in his unit, with the 1% owner occupying the unit. Can the Board do anything to prevent this?
RESUBMITTED:What is the condo assoc. responsibility as to providing senior handicap accessibility and mother's with small child and babies to our outside swimming pool? We suggested a paved walkway but they are balking at spending money for a engineering study. Is there a federal law that requires this? IT is difficult to walk on grass or for seniors to go down the steps Thank you
If you install a PeepHole Camera, that looks out onto the exact same thing your standard peephole does, is this in violation of any rule? I believe the common areas are assumed "No Privacy" And since the peephole came sees nothing but the hallway and wall across from it, and one of the elevators, their is no chance of seeing into anyone's home. So is this OK in IL?
I have a serious concern about an HOA which is governed only by the NFP Act, not CICAA. Since it is not allowed to get the sign in sheet via records request how can an owner accurately verify the results of the election? Vote is by secret ballot but we cannot tell how many votes were entitled to be cast. We are only told quorum is met. People with proxies did not attend but the proxies were given to others and counted anyway. How can we confirm invalid election results without knowing who was there or how many?
Our secretary does not verify the owners entitled to cast the votes of the membership. Generally, anyone from that address can come, give the address and get a ballot. Shouldn't she have signature cards to verify who is casting the vote? What about the properties held in trusts? We have a lot of those and the names are not always obvious. Is it the beneficiary or the trustee who casts the vote? They are not always the same person. Can we ask to see who is the actual owner?
Does the order issued on 3/21 in the Illinois Appellate Court concerning open meetings also pertain to town homes?
Should a townhome board inform candidates running for the board about pending lawsuits, especially when the board members are named in said suits?
Can we send meeting information packets out to board members via email? The information is not for discussion - it is only the information the board needs to be prepared for the next meeting. Such as an agenda, proposals related to the decisions being made and/or suggestions from residents or other board members. We would mark the email as information only not for discussion.
Is a HOA Board when providing a notice of a Board meeting required to include an agenda on the purpose and content of the meeting or can the Board just send out a meeting notice without any agenda? The notice does meet the 10 day notice requirement but does not have any stated purpose. Would such a meeing meet the requirement of a valid board meeing for the 4 required yearly Board meeings and would the Board be required to record and send owners minutes of the meeting?
Are there any laws that HOA's must follow in posting information on social media such as pasword protected access or what information (pictures,audio) can be put on the internet? What can a unit owner do to make sure their privacy is not exposed due to the Boards use of social media options?
At a Board meeting a question was asked regarding the legal fees. The President said some suits were filed against the association. President was asked if the Association won the suits and the President refused to state how the cases were resolved. Do unit owners in a HOA have a right to know if the Association won or lost the cases?
Is it legal for board members in a self-managed association to receive payment for duties while serving?
Is a property manager or association attorney liable for not correcting board actions which are illegal?
In a townhouse community, can a Board make themselves the members of the Architectural Control Committee?
We are a six unit condo assn. We are having problems with cars being damaged in our outdoor parking lot. We think we know who is doing the damage. We would like to put up a video camera to view the area but the monitor would be located in one of the units as we have no common area where the monitor could be located. Is it legal for only one unit owner to be monitoring the area or would this cause him and us legal problems?
The Board is re-doing all HOA documents to conform to the CICAA. They advised unit owners that they will only have 3 open meetings a year. Is the Board able to reduce the required 4 open meeting provision in the CICAA and if it comes to light that other CICAA provisions have been deleted or omitted, what are the options of unit owners in this situation? The Board is voluntary.
Can non unit owners serve on the Board of Directors of a Townhome Association (organized in 1973/ non for profit corp/ does not stipulate anything in the Bylaws or Decs)
Due to apathy, I'm the only board member in 4-unit condo. By-laws require 3 directors. Is it even legal to have only 1 (i.e., President)? After 12 years, I want to resign. Should I file for a receiver to take over? Funds are low.
I reside in a medium sized condo association. From what I have heard from other associations each association has different information about what is required since the ruling in the Palm vs 2800 case. Are Board members required to hold open workshops? My association is not notifying owners of their workshops; the president stated the decision is being appealed. Yet another association stated our management company told them they could not hold a workshop without notifying their owners. What is correct?
Are the spec homes and lots still owned by the developer, and which have not yet been conveyed subject to the declaration, members of a homeowners association?
I have a qustion. My HOA held a voting an since some people did not fill out the ballet correctly they threw all of them out and kept the same board members. They also said that when a contract comes up they can pick and not tell the tenents. I was wondering what are our rights as tenents, what recourse do we have.
Can you serve on more than one HOA board in the state of IL? A builder building in our neighborhood wants to serve on our HOA board and he is already on another board in a different neighborhood in the same city.
Our documents require that the Annual Meeting for election of directors be held in November of each year and the elected directors take office on January 1st. The documents also say the board must hold a meeting within 10 days following the annual meeting to elect the new officers for the board. My question is which board elects the officers, the current board or the new board which is effective Jan 1st?
In Illinois, are HOAs required to distribute a budget draft to owners for review 30 days in advance of the approval meeting? The declaration is silent on the specific process.
Can an association require a new owner to pay 2 months of the current assessment to the ass'n reserve fund? What reason would be presented to unit owners for adding this provsion? This provision is being requested by the Board and this provision would seem to act to discourage a new buyer.
Can a board in a HOA mandate the type of internal window treatment an owner can use? eg color,type of material?
Can a HOA Board pass a rules and regulation provision for the owner to submit for Board approval the financial history and references of the prospective buyer? Can this be a legal provision?
HB4204, an Illinois bill waiting for the Governors signing, has a provision to establish a written policy on how to resolve unit owner vs board complaints. Is there a standard or recommended step process that can be added to or amended into the declarations and should this provision be added before 7-1-19, the date it will be required?
Our CICAA is considering a right of first refusal sale provision. Is this a legal provision and would a seller or buyer have recourse?
The Community Association Act 75 ILCS160 was recently amended (PA 098-1042) to inclde rules regarding electronic voting in section i " Members may not vote by proxy in board elections" Does this mean at all ( via mail) or only electronically it is not permissible
my unit caused damge to unit below only, HOA demands me to pay the damage. my insurance dismiss claim b/c not a negligence case and bylaw waiver clause. question: should unit below file its claim first? then mine or I will cover what not cover by his policy. is it illegal if he not file. if he does not have insurance, should I pay damage by myself? how to pursade HOA not force me to pay if ho does not file, or can HOA force him to file?
Hello, I own in a 110 unit condo building in Chicago. Last year, a group on our board pushed a plan to sell the entire building to a developer. During this time, these board members stood at meetings and declared that the building was bankrupt, which was proven false. We gave a 52% vote to explore offers for 6 months. 8-9 months later we got one and voted "No". We have a recording of the realtor offering $45,000 to our board president to support the sale. Now this realtor is again trying bribes and rumors. What can I do?
Our current practice is for new owners to pay the equivalent of 2 months dues which go into the reserves. Is this legal in IL? We are covered under the CICAA.
I live in a CIAA Ass'n. CIAA 1-35(c) says 2/3's of members can remove a Board Member. How does this provision get implemented, can the process be applied to the entire Board, and how would records be transferred? The Ass'n has a voluntary Board and no property manager.
Can the documents for a CICAA Association be amended to have a provision that limits Board members to 2 terms in office and then be off the Board for 1 term?
If the Board or a quorum of the board meets with the association's attorney for the purpose(s) other than items which are excluded from the open act provision of the ICPA, does that violate the Palm II decission?
Need some Resolution language the board can use to specifically give property manager authority re: right of first refusal; make necessary day-to-day maintenance purchases, repairs up to a maximum of $1,500 w/o formal board approval. (Mgt contract already has language but begins by saying "at the direction of the board" - same thing in the Governing Documents).
We have a member (homeowner) that is on the mortgage, but her daughter actually lives in the home. Can the mother give her daughter a proxy to attend open board meetings instead of her?
Our association consist of single family homes around a common area that is a pond. Which law do we follow? The condo property act or the common interest association. I have noticed that there is tons of overlap in the regulations.
Our association is writing a collection policy which will become part of our rules. We were thinking about reporting 30-60-90 day lates to credit bureaus. Can we do that? Are management companies set up to report late pays to the bureaus if we ask them to do that for us?
Our condo associations rules are fairly vague and as a board we would like to make them more specific and add items not addressed to head off potential future problems. We are getting push back from some unit owners who feel too many rules treats them like children. How can we respond to this?
We have a homeowner with guests that have lived with him for five years. The homeowner is in failing health and has one adult daughter (estranged) living out of state. What action should the Board take when/if the homeowner goes into assited living or dies? His houseguests are not employed and have caused several issues over the years resulting in property damage, police visits, fines against the homeowner, etc. Our bylaws prohibit renting and the homeowner must occupy the house.
We live in a townhouse unit in a group of 24 units. The Association files under the General Not for Profit Corporation Act. The Declaration, dated 1962 and never updated or changed since then, states that there are no common areas. Are we a Common Interest Community under the CICAA if we have no common areas? I am looking at the definition of "common interest community," and it seems to specifically state that this type of community only exists if there are common areas.
Owner has a balance for legal fees, move in/out fees, late charges and tax appeal fees. The assessments are paid each month. According to our law firm the Association can not proceed with an eviction. We can do a lien on the property or pursue a Breach of Contract lawsuit thru wage/bank garnishment. What would you recommend is the best way to handle this situation?
We have only four members on our board due to lack of interest. When voting at the annual meeting for board officers what happens if there is a tie for president?
An owner established a website for our Association that has birthdays and names on the website. The website was never formally announced to owners. The website is not password protected and the owner who established the website has moved. Some items have been posted on Youtube. Are there any legal issues that could arise from this website's information on owners that is not password protected?
Upon a sale of a condominium, the 22.1 disclosure forms are completed for an attorney. The form is not accepted by lending agencies; they want their own questionnaire completed and will not accept the 22.1. If the questionnaire is not completed for the lending agency, it could be a deal breaker for the borrower. Does an association stick to the 22.1 and not complete any questionnaires? Should the 22.1 and questionnaire be completed? This wasn't an issue in the past.
I live in a CICAA ass'n and the Board has and continues to have closed business meetings and does not follow the Palm case guideline. The Board has enter into contracts with vendors and there is no open meeting vote by the Board on these contracts nor is there any record in any open board meeting minutes on the contracts. Are these contracts legal? There is no legal committee authorization. What recourse can unit owners take if these contracts exceed the approved budget amount?
In a CICAA Ass'n, if the Ass'n at the end of the fiscal year has either a surplus or loss, and the documents do not state what happens, what options are available to a Board? If the loss is greater than 115% of the budget, is there a cap on a special assessment?
Our Common Interest Community board members would like to cap number of rentals in the community. There is no restriction now. Can I have a simple step by step process to get this accomplished? We have an idea what needs to be done (such as 2/3 of members wanting to amend the declaration) but we don't know what to do first, second, third, etc. Thank you.
If in a audit, the auditor finds a breach of fiduciary action by the the entire Board of Directors, who does the auditor report the Breach to? Is the auditor required to take any action?
Can you please let me know if there is any law that regulates Developer/Declarant obligation to pay assessments in case of a convesion from an appartment community to a Condominium association? What would be the date when such obligation is born? Is there any grace period?
Is it in Illinois Condo law that both a tenant and landlord cannot both use the amenities. It needs to be one or the other. I have seen this, but cannot find it in our Declaration or Rules & Regs. Thank you.
Our condo association charges an annual garage assessment for unit owners that have garages. Not all units have garages. Only a small percentage gets budgeted for garage maintenance. Most of the garage assessment goes into the general fund. Is this legal?
Is preventative maintenance to prolong the life of roofing (such as flashing and shingle replacement that can cost up to $45k) considered an operating or reserve expense?
When a TH Board refuses to list or name what they consider a reserve funding item in a budget and there is reserve funds, what can units owners do to force the Board to name reseve funding items? The Board when asked about reseve items the Boards says all items are maintenance expense. Road replacement for the Board is a normal operating expense, but this expense is listed at over 50% of the budget. What can a unit owner do to get the Board to properly name and use reserve funds for reserve repairs?
Who knows if Electronic Voting or Electronic Signature of e-Proxy or ballot is allowed in voting for a Board of an HOA in the state of Illinois?
What are the legal consequences of not having enough volunteers to fill all of our 5 member Board of Directors?
Financial Responsibility for Balconies as Limited Common Elements: We have concrete balconies in our 4-story condominium bldg. Which unit owner is responsible for the maintenance or repair of the 'ceiling' of the balcony? The ceiling of one unit is the underside of the balcony above.
I live in a small condo with a garage unit that has the utility room, one of three in the building. Ours has the fire alarm. The board decided to lock this door blaming the fire marshall (not true). In an emergency or for routine maintenance we no longer have access to our unit's main water cutoff. We no longer can turn on the hall lights if the mechanical timer fails. We can no longer check alarm codes if a problem arises. We no longer have access to electrical and water meters. Legal
Looking to purchase condo, how do I find the financial statements, outstanding debt , track record of a condo association. Royal Glen in Glen Ellyn IL. Seems to be a self-managed condo association.
My parents live in a condo building that has 10 units and 10 indoor garage parking spots that are randomly assigned. Only 1 of the parking spaces is marked handicapped. Currently the unit assigned the handicapped space is not handicapped. The vehicle that parks there has no handicapped license plates nor placard. Is there any legal requirement once a handicapped individual lives in the building that the handicapped space should be reassigned to the handicapped person.
Our board is about to allot money for each precient for concrete improvement instead of prioritizing the entire complex. My feeling is that this will distract from our feeling of community and result in competetion between precients. Your feelings please
Our Condo Board is up for election. How do you conduct a meet and greet (the candidates). Who should preside?
I have a standard Residential Exclusive Marketing agreement with a Re/max agent to sale my house. This contract will be over on June 30th 2014. I am not happy with the performance with her. I signed this contract on Feb. 20th 2014. I have not got a single offer yet. Can I cancel this contract now without any legal consequences? Thank you for your help
Our condominium association's declarations do not allow rentals. Can an owner let relatives live in his unit without actually occupying the unit himself?
Our Board secretary does not write proper minutes. He has been provided with guidance in the form of articles and other informative materials and refuses to attend educational seminars. Can we edit or rewrite what he has submitted so that we may approve the minutes at an open meeting?
One of the units in our 6 unit condo association is in a land trust. The trustees are an invalid elderly mother and her three adult daughters. Originally only the elderly lady lived in the unit but now they have moved in a grandaughter, her four children, and also two teenage grandsons. Our declarations don't allow rentals. If the owner of the unit is the land trust then how is it determined who is allowed to live there? Can the trustees move in anyone of their choice?
Although our 48 unit condo association has a management company and a building manager, our president runs the building like a disfunctional dictatorship. The president's prime form of commincation with owners is leaving one page notices in the unit's door jam or hanging signs on entry doors. I pay for a management company not a dictator. E-mail is never used and letters are seldom sent even though the monthly statement has a message area that is never used. Any suggestions?
Our Treasurer reads her report at our board meetings. They are not approved or unapproved. My question is should the treasurers report be included in minutes of Board meeting.
In July 2012, I informed the Board that I had severe damage to the outside of my townhome. In one corner, the top of my house, which is vinyl, was not attached to the bottom which is brick. The brick wall on this side is also tilted out. Here it is 21 months later and my house still is not fixed. I had very little damage inside, but now I have more cracked walls and a window does not work. I get no answers from them. Do I need to get an attorney? Does Illinois have a time limit for them to fix this?
Where can I find information about the processes used by condominium associations to resolve complaints and disputes between unit owners. We would like to put something in our rules and regulations as to the procedure to follow when one unit owner complains for example about excessive noise or parking complaints of another unit owner.
Our TH development offers about 30units that are the smallest models and 1/2 of the unit is above the large model below.3 years ago, while we were on a holiday, our upstairs neighbors removed the padding, carpeting and any insulation that had accompanied the unit when it was built in 2001.They replaced it with a cheap hardwood floor.Our relationship with them has become very hostile because we are constantly complaining about the noise.What might be my course of action?
One week ago had septic cleaned out and pipe also cleaned. We are new owners, system hadn't been pumped for 4 years. Today the main floor toilet isn't flushing properly and the septic tank is full of water. The septic people aren't calling back. Do we need a plumber or the septic people. Thank you very much. Lenny. 708 906 9618
When discussing legal or personnel matters in Illinois, the board may meet in a closed session. Does the board need to report to owners the vote for the decision made at that meeting, for example, whether or not to seek an order of possession for a delinquent unit?
Is there an upper limit on how high late fees can be for condo assessments? What is the highest late fee you are aware of? We currently charge $35 if not received by the 15th of the month, but are considering raising it substantially to penalize owners who are chronically late.
We are a small 6 unit condo assn. We decided to hire one of the owners' son to be the property caretaker. Is it appropriate and legal that instead of paying him outright we deduct his payment from the assessment. In lieu of a salary they would be paying less assessment.
I am a secretary on the board for Stonegaate of Valley Creek Condominium Association in Elgin, IL. We have a unit that has been empty for almost a year due to the death of the owner. We are wondering what is the banks responsibility in paying the past due association fees? We have not heard anything from the bank and they do know the owner passed in June, 2013. I know we can't contact them as we don't have any of the informaiton on loan, etc. Do we just sit back and wait to hear from them?
Where can I find "best practices for board governance"? In particular, what rules exist and may help ensure that boards act in the interest of their community, rather than in their own personal interest?
Condo Assn is self managed, in a dictatorship and nothing is done according to Decs/bylaws... does anyone know of a watchdog group who would intervene?
Who is responsible for the repair/maintence of attics above condo units. My question has to do with sub-code ductwork, insulation, and framing in a condo attic space. Issues were discovered following a roof leak and the removal of drywall which exposed construction defects. The units were turned over from the developer long ago, and the developer is now defunct.
An owner in our townhome association planted a tree within ten feet of her patio. The tree died and she wants the association to pay to have it removed. Was this tree planted within her privacy area?
As a board member of an association, we do not receive copies of homeowner requests for routine maint. nor do we receive copies of the work orders issued for the work to be done. Although we do receive emailed copies of the contractor invoices, no copies of the work orders, etc. are attached. Are there any property manager standards of practice, etc. which would apply to this situation?
Can tenants who live in a condo association building be charged an extra fee for using the condo's washers and dryers?
We have to replace windows and doors for fire code. Windows within 10 feet of fire escape need to be replaced, to protect fire escape and ensure code compliance. Only certain classes of unit have such windows. Is the board permitted to levy a special assessment for window replacement on a building-wide basis where the declarations state that windows and doors are generally the responsibility of the unit? Otherwise, cost of building benefits fall entirely on some units based on window location.
If a "work order" is issued by the management company without first informing the homeowner that he/she must pay, must the homeowner pay? Shouldn't the homeowner first be allowed to fix/correct whatever needs to be done on their own? What rights does a homeowner have in this situation which is also a Common Interest Community?
If my Association refuses to maintain a portion of the Common Area and the Village refuses to enforce their weed ordinance what can I do???
Our Rules and Regs provide that no washers or dryers are allowed in individual units of our condominium building. We have a homeowner who installed a washer/dryer in his unit. The Board at the time did nothing about this. What are our options now?
the townhome ass'n is in the process of updating the declarations. In the sale section of the declarations, the board has wording that a new owner has to pay 2 months assessments to the reserve fund and the board is asking for financial and personal references of the purchaser. Is this a legal request and is the 2 month assessment deposit to the reserve account a common and legal provision?
Where and when does the board discuss hiring a new management company? A board meeting doesnt seem appropriate.
One of our board members was appointed by the board to serve in place of someone who resigned. The term of the person who resigned wasn't expiring until next year. We know the person appointed must be elected by homeowners at this year's annual meeting in order to continue serving on the board. If he is elected, what is the length of his term? Is it one year (which would complete the term of the prior party) or two years, which is the normal term of an elected board member?
Our annual meeting is in April. One of our board members intends to make April the last month serving on the board. That individual's two year term doesn't expire until next year so resignation would be mid term. How should we fill that seat? Should there be another seat available in this year's election so someone else can be elected? (If yes, one year term or two?) Or should we treat it as a resignation mid term and find someone to appoint to serve until next year's election?
Our Association comes under the CICAA. Currently, our rules and regulations require a new homeowner to pay a 2 months premium of Association dues. Is it legal to change the rule and put in a fixed dollar amount? Also, is there a limit on the dollar amount we can require ?
We have a new unit owner that did not receive a mailbox key and the previous owner, who lived offsite, said he never had one. Is the replacement of the key and/or lock a condominium expense or a unit owner expense?
Do the meeting minutes have to be approved at an open meeting BEFORE being sent out to homeowners or can they be approved via email and sent out sooner?
Where can we find a reputable property manager for a condominium of homeowners for Oak Park, IL. They do not necessarily need to be located in this town.
I live in a CICAA ass'n and the documents state the ass'n is responsible for tuckpointing.I have written to the Board advising that I need some tuck pointing work. The Board's reply without any inspection is we have inspected other units and did not find the need for tuck pointing. How can I get the Boards attention to inspect the masonary and tuck pointing needs of my unit without going to court?
Can we still have our buildings painted with oil-based paints, although there are 'green' products out there?
Is there a recommended schedule that we can start or a product that we can use to help us maintain our outdoor metal stairwells and protect them from rusting?
Can you tell me the differences between pavement patching, patching, resurfacing, and removal and replacement?
How can I decide between concrete and asphalt regarding a driveway that neeeds to be laid down? Right now there are just two concrete tracks for the car's wheels, in the middle of which and alongside is lawn. This often becomes a muddy mess and needs to be done properly as a full driveway.
I have become aware that there may be a requirement that all anti-suction drains installed as a result of the Virginia Graeme Baker Act need to be inspected and/or replaced every 5 years. I want to be sure that this is true and have the correct information. How does one ensure that their pool is compliant?
Several of the board members in our community assoc consider our reserve study to be "only a guide". Upon conversation with board members of two different condo associations, I learned they follow their recommended reserve expenditures precisely as outlined by their studies. Should we be following the study to 'the letter of the law' or is it acceptable to use it only as a guide? Also, we obtained a reserve study but did not formally vote to accept it at a board meeting. Are we required to do that?
If I decide to do nothing after a major home disaster? What issues will I be faced with in both the short and long term future?
One of our units had a problem with pipes freezing. Who can we hire to determine where the problem is and then fix it?
Violent Neighbor in building, big risk
I have a neighbor who lives directly below me. I moved into my unit in late Dec. 2013. This person is very volatile. When moving in, this person bullied my painters, bullied my movers to the point where they were shaken up. In Feb. 2014 she assaulted a member of the HOA board, over icicles. I am afraid of this individual. The police have been alerted, but only so much can be done to stop this person further attack. The rest is up to her. I believe this person will attack again.
We are a 20-unit townhouse (not condo) assn. Our declaration does not specify responsibility for foundation damage to a unit. Who is responsible?
The board and Property Manager continually fail to have Certs. of Insurance, including workman's comp on file for contractors doing potentially dangerous work our property. Is there any action I can take, to protect my investment when procedures are not being followed by our board and/or Property Management Co.? This could be a huge problem if there were a debilitating or deadly accident. Do I need an attorney to send them a letter absolving me from responsibility if they fail to have these documents on file?
What could be causing an exposed 100+ year old brick chimney to ooze an oily sticky brown resin like substance which runs down the chimney from the top, in thick runnels onto the floor The chimney flashing was replaced a month ago but oozing continues. The room has a open wood paneled ceiling, approx. 8 inches between roof and ceiling. The rest of the roof has passed a roofer's inspection. The tuckpointing on the chimney appears okay but can't see the 8 inches between ceiling &roof. Gas furnace,2 years old.
Board is required to make repairs to roof which is defined as a limited common element in our building. What if unit owner builds a new deck above roof membrane but prior to building it his architect recommends he take the initiative to hire a licensed roofing contractor to put a new membrane over existing one which at time was ten years old. Should the Board compensate that unit owner for making the improvement and extending the useful life of the roof by another 5-10 years?
Our HOA has a rule that any inside damage to a home ksuch as a water leak is the responsibility of the homeowner. Is that clause O.K.?
Can you explain the difference between a fixed price snow removal contract and a per inch snow removal contract? Which is better?
We are a small association of 24 units and are using Quickbooks, but would like to know if a management software package might be a better fit for us or not?
No questions for that category. Be the first!
You are leaving the site. To continue, click here