Articles filed under Bendoff, David

• Condo presidents do have a vote May 26, 2012 12:00 AM
  Q. The president of our homeowners association never votes on issues that come before the board, unless there is a "tie" vote. When asked about this, the president responds "it's the law." Is it?
  

   

• CondoTalk: Limits on late fee charges May 19, 2012 12:00 AM
  Q. Our condominium association imposes a $25.00 late charge every month that an owner's account has an open balance. I seem to recall reading that this is not permitted. Am I correct?
  

   

• CondoTalk: Collection of unpaid assessments May 12, 2012 12:00 AM
  Associations need to carefully consider the facts and circumstances in each situation to evaluate whether it should consider seeking collection of unpaid assessments from former unit owners.
  

   

• CondoTalk: An association should invest reserve fundsMay 5, 2012 12:00 AM
  An association can, and should, invest its reserve funds. As fiduciaries, board members are guided by the prudent investor rule. The boards investment strategy should consider both the reasonable production of income and the safety of principal.
  

   

• Condo talk: Many questions arise over expenses and assessments Apr 28, 2012 12:00 AM
  Todays column addresses the many questions I have been receiving about association budget and expenditure issues.
  

   

• Condo talk: Condo owners, don’t expand into common areas Apr 14, 2012 12:00 AM
  Q. Our townhouse style condominium units include a rear patio and a garden area that are limited common elements of the unit. Several owners have taken the liberty to expand their patio or garden several feet into the general common element open space. In other instances, the board has granted owners permission to do this. Is this permitted?
  

   

• Condo Talk: Condo boards may prohibit satellite dishes on balconies Apr 9, 2012 12:00 AM
  Q. Due to the small size of the balconies serving the individual units in our association, residents attach their satellite dish to the outside of their balcony. This is rather unsightly. Can the board prohibit owners from installing satellite dishes in this location?
  

   

• Condo talk: Pool expenses start to drain association Mar 31, 2012 12:00 AM
  Q. Times are tough for our financially strapped association, and the board is looking for ways to reduce our expenses. We have a swimming pool that is old and very expensive to maintain for the few residents who actually use it. Can the board close or remove the pool or other similar facilities?
  

   

• Condo talk: Mediation of association dispute can keep case out of court Mar 24, 2012 12:00 AM
  Emotions often run high in disputes between an association and a unit owner, or between unit owners. These disputes typically arise from an associations claim that at owner has violated the declaration, bylaws, or rules and regulations, or an owners claim that the board has breached its fiduciary duty or some specific provision of the associations declaration by the board. Disputes between unit owners can develop, for example, from unit-to-unit noise disputes or water leaks.
  

   

• Bill introduced addressing smoking in condominium units Mar 17, 2012 12:00 AM
  Q. Our condominium association is dealing with complaints from owners about neighbors who smoke in their units. Does the Condominium Property Act address this issue?
  

   

• Condo talk: Stick to a one-hour board meeting Mar 17, 2012 12:00 AM
  Association board meetings dont have to be three hours long. However, I repeatedly hear from clients, some of whom meet monthly, that each board meeting takes several hours. Let me provide some hints to streamline the meeting process.
  

   

• Condo talk: Bill introduced addressing smoking in condominium unitsMar 14, 2012 12:00 AM
  Q. Our condominium association is dealing with complaints from owners about neighbors who smoke in their units. Does the Condominium Property Act address this issue?
  

   

• Condo talk: Community association managers must be licensed Mar 3, 2012 12:00 AM
  The Community Association Manager Licensing and Disciplinary Act requires managers of community associations to be licensed as of Oct. 1. The law is intended to ensure that those who say they possess professional qualifications to provide management services are, in fact, qualified professionals, and to provide for high standards of professional conduct by licensed community association managers.
  

   

• Condo talk: Property managers should share signature authority Feb 25, 2012 12:00 AM
  Q. Our property manager has signature authority on our association’s bank accounts. Is this normal? Attorny David Bendoff answers your questions about homeowners associations.
  

   

• Condo talk: Use of committees and commissions-part 2 Feb 18, 2012 12:00 AM
  Last week, I discussed committees, and how they are established by the board of an association. Today, I will address the specific authority of committees and commissions, how to establish commissions, and what an association can do to revise its governing documents if they do not authorize committees.
  

   

• Condo talk: Use of committees and commissions Feb 11, 2012 12:00 AM
  The work of an association’s board of managers, even if the association is professionally managed, can be extremely time-consuming. And let’s face it, as a volunteer, most board members are only going to devote so much of their lives to the mostly thankless position.
  

   

• Condo talk: Proxy not a voting option for directors on condo boards Feb 4, 2012 12:00 AM
  Q. I am on the board of my association, and can’t attend some board meetings. Can I give my proxy to another board member to vote on my behalf? Local attorney David Bendoff answers your condominium and homeowner association questions.
  

   

• Condo talk: Associations need policy for solar, wind energy Jan 28, 2012 12:00 AM
  Solar panels and wind turbines installed by unit owners could be common place in homeowner associations in the near future. Green, environmentally friendly policies, and alternative energy sources, are generally “hot” topics these days, and that is equally true in associations. The law in Illinois now requires condominium, homeowners, and common interest community associations to formulate policies to address green initiatives proposed by unit owners.
  

   

• Condo talk: The Contractor Prompt Payment Act Jan 21, 2012 12:00 AM
  Associations enter into countless contracts, often involving very significant amounts of money. Unfortunately, many boards do so without giving much thought to any provision of the contract other than how much are the goods or services going to cost. There are many issues that a board should make sure are addressed in the written contract (and I will address those in a future column). I want to focus here on a potentially huge trap for the unwary association board.
  

   

• Condo talk: Responding to secondhand smoke complaints Jan 14, 2012 12:00 AM
  Secondhand smoke is nothing to sneeze at. Complaints are on the rise from residents of associations about secondhand tobacco smoke that enters common hallways and/or their units from other units. Associations can’t ignore these complaints.