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.
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.
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?
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?
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.
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?
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.
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?
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?
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?
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.
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 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?
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?
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?
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
Can a Statutory Reserve Account be maintained withinn the Association Accounting using only one bank account?
Where and when does the board discuss hiring a new management company? A board meeting doesnt seem appropriate.
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
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 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.
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.
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.
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
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.
Can a board in a HOA mandate the type of internal window treatment an owner can use? eg color,type of material?
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?
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.
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?
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.
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?
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?
Can tenants who live in a condo association building be charged an extra fee for using the condo's washers and dryers?
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 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.?
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?
What are the legal consequences of not having enough volunteers to fill all of our 5 member Board of Directors?
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?
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?
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.
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?
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?
Is it necessary to supply the association board ,with an insurance declaration of a homeowners property every year?
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?
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?
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?
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.
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.
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?
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)
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 a property manager or association attorney liable for not correcting board actions which are illegal?
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?
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.
Does the order issued on 3/21 in the Illinois Appellate Court concerning open meetings also pertain to town homes?
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.
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.
We are a 20-unit townhouse (not condo) assn. Our declaration does not specify responsibility for foundation damage to a unit. Who is responsible?
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.
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?
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?
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?
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.
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?
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 of our units had a problem with pipes freezing. Who can we hire to determine where the problem is and then fix it?
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 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?
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.
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?
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.
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.
Our condominium association's declarations do not allow rentals. Can an owner let relatives live in his unit without actually occupying the unit himself?
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?
Our Condo Board is up for election. How do you conduct a meet and greet (the candidates). Who should preside?
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?
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 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.
Can you bill an owner who has filed for bankruptcy for delinquent post petition account or are you barred from all billing?
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?
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
My HOA has been accused of selective enforcement. What is that, and how do I overcome the accusation?
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?
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?
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?
If a homeowner files for Chapter 7 bankrupcty, can the association attempt to recoup the unpaid association dues from the homeowner?
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?
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.
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?
Can you tell me the differences between pavement patching, patching, resurfacing, and removal and replacement?
Can we still have our buildings painted with oil-based paints, although there are 'green' products out there?
Can you explain the difference between a fixed price snow removal contract and a per inch snow removal contract? Which is better?
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?
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?
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?
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?
In our monthly board meetings, are we required to follow "Robert's Rules of Order" at every meeting?
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?
Why wouldn’t we always just hire the lowest bidder to do our landscape maintenance. Mowing is just mowing, right?
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?
We are a small association of 6 units, so do we need to file a tax return even though we aren't making money?
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