Boards can file assessed valuation challenges for all owners

Q. I live in a condominium. Many of the owners want to have the county's assessed valuation of our individual units challenged, in order to reduce our individual unit real estate taxes. Does each unit owner have to file their own complaint with the county, or is there some mechanism that would permit the board of the association to file a single appeal for all of the unit owners?

A. The Illinois Condominium Property Act addresses this issue. The board of managers acting on behalf of all unit owners has the power to seek relief from or in connection with the assessment or levy of any taxes. The board can proceed upon authorization by a two-thirds vote of the members of the board of managers.

This permits the board to hire an attorney to file a single complaint with the county seeking a reduction in the assessed valuation of all of the units in the association. These tax complaints are typically handled on a contingent fee basis. This means attorney's fees would only be charged and paid if the complaint is successful. Further, the attorney's fee is typically a percentage of the tax savings, and the board can charge and collect all expenses incurred in connection therewith as common expenses. There is little reason for an association not to proceed with such an appeal on behalf of all of the owners.

Q. Our association performs snow plowing of the limited common element driveways in front of an owner's garage. Is the association obligated to perform snow removal services to those individual unit owners who do not pay their monthly assessments?

A. The courts have generally held that the duty to pay assessments is independent of an association's duty to maintain the property. So, an owner has to pay assessment even when they allege the association isn't doing its job, and the association generally needs to provide maintenance/services even when an owner isn't paying assessments.

In any event, I would not suggest withholding snow removal services. If an injury occurs (to the owner, or guest, or invitee of the owner) as the result of failed snow removal, the association is probably going to get sued.

The association needs to have and implement an aggressive assessment-collection policy. That is, a collection action should be initiated if an owner is in arrears in the payment of assessments for 60 days.

Q. I am a prospective purchaser of a condominium unit. As part of my due diligence, I made a request to the seller of the unit to obtain the name and home address of the president of the board. The managing agent for the association denied my request, stating that this was private information. Am I entitled to this information?

A. Section 22.1 of the Illinois Condominium Property Act identifies the documents and information to be made available to a prospective purchaser of a condominium in a resale situation. The law specifically requires a prospective purchaser to be provided the identity and mailing address of the principal officer of the unit owner's association, or that of another officer or agent who is specifically designated to receive notices.

Whether you are entitled to the name of the president depends on who is authorized to receive notices. The declaration for the association may designate who is authorized to receive notices set forth in the declaration; it may be the president, or it may be the secretary. However, the board may have designated another officer or even the managing agent (property manager) to receive other notices. If the president or another officer is designated to receive notice, they could provide a mailing address that is different from their home address.

• 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.