Board can terminate lease for violation of association rules

Q. A unit in our condominium association is leased by an owner to a person who has a long history of ignoring and violating the rules. The board has levied fines that the owner pays, but the violations continue. The unit owner has ignored the board's requests that the owner address these ongoing problems with the tenant. The violations affect other residents. Are there any remedies available to the board other than fines?

A. The board can terminate the lease between the owner and the tenant. This is permitted for any violation of the association's declaration, bylaws or rules by the tenant. The lease is terminated by the issuance of a ten-day notice of termination. The notice must meet very specific requirements, so the board should consult with an attorney. I generally suggest the board issue a notice of violation and provide an opportunity for a hearing before taking steps to terminate the lease.

If the tenant fails or refuses to vacate the unit within ten days, the board can then file a forcible entry and detainer (eviction) lawsuit against the tenant. The board can request the court to require the owner to reimburse the association for the attorney's fees it incurs. Note that this remedy should be reserved for serious or repeated violations, as a court might not be inclined to order the eviction of a tenant for what the court perceives as a relatively minor infraction. As with all remedies, they should be in proportion to the violation.

Q. A board member left a board meeting shortly after stating "I resign." The board then debated whether or not the board member had actually resigned. Is a verbal resignation by a board member effective?

A. A verbal resignation by a board member is not effective. A director may resign at any time by written notice delivered to the board, or to the president or board secretary. The written resignation is effective when delivered, unless the notice specifies a future effective date.

Q. Can our association tow a unit owner's vehicle if it is parked in violation of the association's rules.

A. Towing of unit owner's vehicle would be permitted if the association follows an appropriate procedure. Towing of resident vehicles for a violation of a parking rule is not necessarily permitted without first providing the resident with the statutory due process required before a fine can be levied. That is, in an abundance of caution, an owner should be provided written notice of the violation and an opportunity for a hearing before their vehicle is towed for a rules violation. That said, it could be appropriate to tow a vehicle immediately, without such notice/hearing, if the vehicle is blocking vehicular or pedestrian traffic or is parked in a fire lane, for example. Appropriate signs generally need to be displayed in areas where vehicles may be towed.

Q. No one at our association meetings is taking minutes, and minutes of unit owner and board meetings are not prepared or maintained. Does an association have to maintain minutes of its meetings?

A. Action taken by the board at board meetings, and action taken by the unit owners at owner meetings (like the annual election) must be memorialized in minutes. The statutes that govern Illinois condominium associations, master associations and common interest community associations require minutes of meetings to be available for inspection and copying by owners. The failure of the board to prepare and maintain meeting minutes exposes the board and association to liability, and is a breach of the board members' fiduciary duty.

• 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.