Parking space assignments
Q. Our 50-unit townhouse complex has about 120 parking spaces. Our declaration and bylaws provide that each unit is guaranteed one parking space, and that parking spaces are assigned by the board. That leaves about 70 additional parking spaces. There doesn't appear to be any consistency in how these additional parking spaces are assigned to units (some units have one space, and some have three parking spaces), and there is no designated guest parking. Any suggestions on how to clean this up?
A. The manner in which the additional parking spaces are assigned should not be a mystery, and the answer is pretty straight forward. The board should adopt detailed rules that describe how the parking spaces are assigned, and the circumstances under which a unit can be assigned more than the one parking space. For example, the rules could provide that no one receives a third parking space until all owners who request have received a second space. The assignments should then be done in accordance with those rules. The board could also consider designating certain parking spaces as guest parking, and establish rules concerning the use of the guest parking spaces. There are many different variations possible, so the board should consult with an attorney to draft rules following a dialogue on the issues.
Q. A special assessment is being considered by the board of our condominium association. Is there any sort of special notice of the meeting that has to be provided?
A. In Illinois, notice of a board meeting typically has to be provided 48 hours prior to the board meeting. However, notice of any board meeting held to consider the adoption of a special assessment must be given in the same manner as notice for a meeting of the owners. As such, written notice of the board meeting held to consider the special assessment must be mailed or delivered giving members no less than 10 and no more than 30 days' notice of the time, place and purpose of such meeting.
Q. Can the board of our association charge a fee to owners who have a dog? The fee is intended to pay for the maintenance and clean up of a dog run.
A. This issue has not yet been addressed by the Illinois appellate courts, so the answer is not settled. However, charging a fee to one group of owners and not to another group of owners arguably creates classes of ownership. Condominium associations and common interest community associations are generally not permitted to establish classes of ownership. That said, the declaration of a common interest association can provide for classes of ownership, so the declaration for a common interest community association would have to be reviewed to determine if classes of membership are permitted. Many associations charge questionable fees to owners. However, unless and until challenged and set aside by a court, boards often make a business decision to charge such fees notwithstanding the potential for a successful legal challenge.
Clarification: The April 11 column referred to unit owner forums during board meetings. A unit owner forum is not required in a condominium or in a master association (I used the generic term "homeowner association" when I should have stated "master association.") The board of a condominium or in a master association has the discretion whether or not to include an owner's forum at board meetings. However, the board of a common interest community association must reserve a portion of the board meeting for comments by members of the association. The duration and meeting order for the member comment period is within the sole discretion of the board of the common interest community association.
• 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.