Make rules on drone use
Q. Can an association regulate the use of Drones on the property?
A. The use of Drones, particularly by residents who use Drones for hobby or recreational purposes or who will receive package deliveries, will require associations to consider the adoption of appropriate rules, and potentially amendments to their recorded covenants. These may need to consider, for example, but not covering every issue, establishing designated landing areas for commercial deliveries; time restrictions on use of Drones; identifying where Drones can and cannot be flown; addressing liability concerns (require residents who use a Drone or who receive a commercial delivery to indemnify the association); addressing privacy concerns; and registering resident Drones like motor vehicles.
Associations do need to be careful not to overregulate in this area. That is what happened with satellite dishes, and that resulted in onerous federal regulation that greatly restricts what associations can limit and control.
Q. The recorded declaration of covenants for our association is very old, and need amending. However, the document is silent on the procedure to amend. I have been told that an amendment requires the approval of all of the members of the association. That's a formidable task. What percentage of the owners would be required to amend our declaration?
A. If your association is a condominium, the Condominium Property Act provides, and unless otherwise provided in the Act, the condominium instruments are amended only upon the affirmative vote of 2/3 of those voting or upon the majority specified by the condominium instruments, provided that in no event shall the condominium instruments require more than a three-quarters vote of all unit owners. Also, the approval of any mortgagees required under the provisions of the condominium instruments would be required as well. So, if the condominium declaration is silent as to the amendment procedure, the condominium instruments could be amended upon the affirmative vote of 2/3 of those voting - that's far less imposing than requiring unanimous approval!
If your association is not covered by the Act, I'm afraid that you will have to obtain the approval of all of the owners to amend the declaration. That is a difficult undertaking. Therefore, the board may want to consider an amendment to make it easier to amend the declaration in the future. That would take unanimous approval, but it may be easier and less controversial than trying to amend a substantive provision of the declaration by unanimous approval. In some instances, an association can request a court to reform a document if the amendment procedure is "impossible," but that is not the same as "impractical" or "difficult."
Q. Our association includes private roads. Can the association issue tickets for speeders?
A. The Illinois Supreme Court has confirmed that an association can enforce its traffic regulations on its private streets. In that case, the court stated that the association is permitted to stop and temporarily detain members when there is probable cause or reasonable ground to believe a violation has been committed. That's a little extreme for most associations. However, an association could certainly adopt a rule to establish speed limits for its private roads, and levy a fine against persons who violate the speed limit rule, after providing notice of the violation and an opportunity for a hearing. Technology would permit the association to set up, for example, a "speed camera" to catch such scofflaws.
• 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.