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Condo association not required to clear snow off residents' cars

Q. We are a small one-building condominium association. Some of our residents use their garages for storing their personal property, and park their vehicles outside all the time. A snowplow service clears the parking area where these individuals park. These owners contend that their individual vehicles should be cleared of snow by the association. Of course, our snow removal company does not do this. Further, one vehicle sometimes sits for weeks without being used, interfering with snow removal. Do you have any thoughts about this situation?

A. Wouldn't it be a shame if a bird nest were located above where these owners park. They'd have to worry about more than snow. In any event, the association is responsible for clearing the snow from the common element parking area here. The association is not responsible for removing snow from an owner's vehicle parked in the parking area. Some associations adopt rules requiring owners to move their vehicles from parking areas when it snows. This isn't always a viable option, but should be explored, particularly if parking impairs snow removal. You should also review the association's declaration to see if it includes any language that would require the owners to park in their garage.

Q. As an owner, I have been asked by the association board to serve on a "committee." I'm concerned about my personal legal exposure. Would there be any coverage through the association's insurance policy that would protect my personal assets?

A. The association's directors and officers insurance may provide coverage for non-board member committee members. You should contact the association's insurance carrier for written confirmation that the association's directors and officers liability insurance covers committee members, or that an endorsement can be obtained for such coverage. You should also speak with your own insurance agent about what coverage you may already have or that you may be able to acquire as additional protection.

Q. I live in a large single-family common interest community association that is under developer control. The complex has a weekly morning coffee for all the residents and a representative of the builder discusses many important issues. Unfortunately, I cannot attend these gatherings since I work, and information isn't published about what is discussed. Are these gatherings meetings and should there be minutes?

A. While what constitutes a board meeting is defined in the Common Interest Community Association Act, it does not define what constitutes an owners' meeting. So, unless notice of an owners meeting is given by the developer board, and a quorum of the owners present, these informational gatherings would not be meetings for which minutes are required to be taken. You might want to suggest that the community publish a newsletter that could include summaries of these gatherings.

Q. The board of our association is considering having our declaration amended to restrict leasing to some specified percentage of the units. However, the board can't decide on a specific percentage. A board member suggested that the ballot to be cast by owners include two alternative leasing caps from which each owner could vote for one. An amendment requires approval of two-thirds of the owners. What do you think of the board member's suggestion?

A. It can be very difficult to obtain two-thirds approval of the unit owners to adopt an amendment. Providing two alternatives on a ballot may make it difficult to obtain the necessary owner approval for either one of the alternatives. I do have a suggestion though. Before the board moves forward on the amendment, it should consider taking a poll of the owners to see which of the two leasing restriction alternatives has greater support. The amendment could then be drafted and submitted for owner approval with the more popular of the alternatives.

• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in Buffalo Grove. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.

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