Condos can force use of adjoining land to make repairs

Q. Our condominium association is about to undertake a major tuck-pointing project for our multistory building. The contractor informed the board it has to stage the work for our association from the property located next to the association. That is, the crane and scaffolding need to be placed on a neighboring property! We are not on great terms with the neighboring property owner, and there is no place else to stage the work. What rights do we have here?

A. Initially, the board should attempt to negotiate access to the neighbor's land with the owner. But if an agreement cannot be reached, the association's right are found in a one paragraph statute known as the "Entry on Adjoining Land to Accomplish Repairs Act." In a nutshell, if repair and maintenance of a single-family residence cannot be reasonably accomplished without entering into adjoining land, the owner of the property needing access to the neighbor's land can seek relief through the courts.

Condominiums are considered single-family homes under the statute. So, the condominium association can file a suit in circuit court. The purpose of the suit would be to compel the owner of the adjoining land to permit the condominium access to perform the maintenance or repair. The court will establish the conditions of the entry and determine the amount of damages to be paid to the owner of the adjoining land. Having to file a suit would be expensive for all parties. Showing the owner of the adjoining property the statute and the association's rights might convince the neighbor to resolve the matter through negotiation, rather than litigation.

Q. We are a homeowners association comprised of single-family homes. Where are we required to post notice of board meetings?

A. If a condominium, homeowners association or common interest community association does not have building entranceways or elevators, copies of notices of meetings of the board can be posted in other conspicuous places in proximity to the homes at least 48 hours prior to the meeting of the board. Many associations of single-family homes post notice of board meetings by way of "lawn signs" at the entrances to the subdivision.

Q. Can the board of our association require owners to keep a current credit card on file, and to authorize the association to charge the credit card if an owner is delinquent in the payment of assessments?

A. An owner can voluntarily agree to such an arrangement, and it may be more attractive than being evicted from their unit. However, an association cannot unilaterally require an owner to pay assessments by credit card. Many associations establish a voluntary auto-debit program. This would permit owners to authorize their bank to automatically debit the owner's account in the amount of the monthly or special assessment on a preset day of the month in the name of the association. This eliminates the need for the owner to write checks or pay for postage, reduces exposure to late charges and improves the association's cash flow.

Q. A unit owner in our association is refinancing his unit, and the owner has requested copies of the association's declaration and all amendments to forward to the lender. We do not have all of these documents. Is the association required to provide these documents? If so, can we charge the owner the fee charged by the recorder of deeds to obtain copies of the documents?

A. The board of an Illinois condominium, master or common interest community association is obligated to maintain certain records for examination and copying by owners. These records include copies of the declaration and all amendments. So, yes, the association is required to provide the owner with copies of the recorded declaration and all amendments, as requested. Further, the board has to obtain these documents from the recorder's office, at association expense. The board can, however, charge the owner a reasonable fee for copying the documents.

• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. 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.