Board can take action against turkey owner
Q. The strangest thing has occurred at our association. A new unit owner purchased a live turkey, and kept it in their unit for several weeks. The board received many complaints about the noise. When the board confronted the owner, the owner said the turkey would be gone by Thanksgiving. We have since learned that this owner, who moved here from a farm, traditionally buys a live turkey, slaughters it and serves it for the holiday. We also hear that the owner wants to buy a chicken for the fresh eggs. Can we stop all this?
A. "Green Acres" your association is not. I'm certain the declaration for your association essentially provides that no animals, reptiles, rabbits, livestock, fowl or poultry of any kind shall be raised, bred or kept in any unit or the common elements, except for dogs, cats or household pets as determined by the board. This language would permit the board to take action against the owner who keeps live turkeys or chickens on the property.
The board should remind the owner of these restrictions. If this doesn't work, the board can consider enforcement by fines or a lawsuit to prevent the owner from violating this provision of the declaration.
Q. I am an owner of a unit in a townhouse-style condominium association. Three coach lights are mounted at the front of each unit, operate automatically from dusk until dawn, and are supposed to be wired to a meter billed to and paid for by the association. I had some electrical work done at my unit and the electrician told me the coach lights at my unit are wired to my unit's meter, billed to and paid for by me. So I have been paying for the electricity for these coach lights for the two years I have lived here. Do I have any recourse?
A. You should bring this to the attention of the association. The association should have the coach lights rewired so they are connected to the association meter. Technically, you should also be reimbursed for the amount of your electricity bill attributable to the coach lights.
Q. The declaration for our condominium association requires each owner to be a member of, and pay dues to, a fitness club owned by the developer of our association. This was a great amenity for many years, but it is now becoming mismanaged and run down. As a result, members of our association no longer want to be members of the fitness club. What can we do to get out of this relationship with the fitness club?
A. This is potentially an issue too complicated to address here. However, the answer could be as simple as amending the declaration with the requisite unit owner approval to eliminate the provision that requires mandatory fitness club membership. The board needs to consult with legal counsel to discuss available remedies.
Q. I am married; however, the deed to my condominium unit in Illinois is in my name only. The declaration for our association says that a board member can be an owner or a spouse of an owner. My wife submitted a candidate form for the upcoming election to the board. Management told her she is not eligible. Can my spouse, who is not an owner, run for the board?
A. Your spouse may not run for, nor serve, on the board despite the language in the declaration to the contrary. The Illinois Condominium Property Act is clear that board members are elected from among unit owners. Your spouse is not a unit owner. Action taken by a board with ineligible members may be invalid, and an ineligible board member might not be covered under the association's director's and officer's liability insurance. It may be too late for the current election, but you could consider conveying your wife an ownership interest in your unit.
• 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.