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Articles filed under Bendoff, David

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  • Appellate court ruling on Palm is informativeApr 19, 2014 12:00 AM
    In the recent case of Palm v 2800 Lake Shore Drive Condominium Association, the Fifth Division of the First District Appellate Court of Illinois issued an order concerning the validity of many common association practices.

     
  • Discount on assessment for board members needs owner approvalApr 12, 2014 12:00 AM
    Q. The members of the board of our condominium are not paid. However, the board members receive a discount on their assessments. Is this permitted?

     
  • U.S. Supreme Court: Condo assessments must be paidApr 5, 2014 12:00 AM
    An opinion was issued last month by the Illinois Supreme Court that is receiving national attention. The Supreme Court ruled that a unit owner’s claim that her association failed to repair and maintain the common elements is not a viable or “germane” defense to payment of assessments.

     
  • Snowbirds leave condos chillyMar 29, 2014 12:00 AM
    Q. Many of our unit owners in our condominium association spend winters in Florida or Arizona. Each unit is served by its own HVAC system, and a lot of these snowbirds turn the heat off in their unit while away.

     
  • Don’t ignore legal requests by associationMar 22, 2014 12:00 AM
    Our association’s new management company has requested a copy of the lease if the home is being rented. Our home is being rented, but there is no lease.

     
  • Why associations limit the number of rental unitsMar 15, 2014 12:00 AM
    Q. Your column has discussed unit lease restrictions in associations. Why do associations impose leasing restrictions?

     
  • Ice dams on roof concern unit ownersMar 8, 2014 12:00 AM
    Q. The drywall and paint in my unit, like others in the development, has been damaged from leaking from an ice dam that has formed on the common element roof. The association has passed rules that provide that the owner is responsible for paying to repair ice dams. Is this permitted?

     
  • Boards do not all have same budget deadlineMar 1, 2014 12:00 AM
    Q. Is there a deadline by when an annual budget needs to be prepared and approved each year by the board of an association?

     
  • Snow-filled balconies can damage condo buildingFeb 22, 2014 12:00 AM
    Q. The enormous snowfall this winter has caused snow to fill balconies that serve the individual condominium units. This has caused the drains on the balconies to become clogged with snow and ice. Can the board require owners to remove the snow from their balconies?

     
  • Contractually assumed liability may not be coveredFeb 15, 2014 12:00 AM
    The property manager for our association was sued by a visitor to the property. The manager invoked the indemnification language in its management contract, and demanded that the association hire a lawyer to defend the claim against the manager.

     
  • Associations usually regulate short-term rentals Feb 8, 2014 12:00 AM
    Q. I am interested in leasing my unit for weekends, or other short terms, as a vacation rental for those times that I am traveling. Is this permitted in associations?

     
  • Vacant unit causes damage, leaves liability mess Jan 29, 2014 12:00 AM
    Q. A second floor unit in our condominium association is owned by an off-site investor. The unit is managed for the off-site owner by a rental agent. The unit was vacant during the recent cold spell, and a water line burst when the furnace was off because batteries in the thermostat were dead.

     
  • How to limit number of people in a unit Jan 24, 2014 12:00 AM
    Q. Many of the units in our association are occupied by well over what the board considers an appropriate number of people. For example, six or more adults live in many of our two-bedroom units.

     
  • When to release membersí personal information Jan 18, 2014 12:00 AM
    Q. The board of my condominium denied my request for a list of the names and addresses of unit owners in the association. I am a real estate agent and I told the board I want to mail my marketing materials to the other owners. Donít I have a right to this information?

     
  • Follow the plat of survey when marking parking spaces Jan 11, 2014 12:00 AM
    Q. The parking spaces in our condominium association are limited common elements. Each parking space is shown on the plat of survey. Our asphalt parking area was recently replaced and the stripes for the parking spaces were moved about a foot, and my space is now closer to a wall. This makes it difficult to open my car doors.

     
  • Duties of officers are clearly defined Jan 4, 2014 12:00 AM
    Q. What are the roles of the various officers of an Illinois condominium association or common interest community association? Attorney David Bendoff helps condo owners understand their rights and responsibilities.

     
  • Condo talk: Association meeting minutes not public records Dec 28, 2013 12:00 AM
    Q. I cannot locate copies of the minutes of meetings of the board or owners of my community association. Are minutes supposed to be filed somewhere in the public record, like with the county or state, just like the declaration?

     
  • Association should perform annual legal audit Dec 21, 2013 12:00 AM
    Itís that time of year again when a condominium or homeowner association board should conduct a review of its corporate procedures and activities. The board can do this on its own, for the most, or with minimal assistance of third parties.

     
  • Reasonable rules can regulate holiday decorations Dec 14, 2013 12:00 AM
    Q. A trend is growing in our single-family homeowners association. Owners mark various holidays throughout the year by displaying inflatable decorations. Can the board limit this in any way?

     
  • Which rules govern single-family home associations? Dec 7, 2013 12:00 AM
    Q. I live in an association of single-family homes. Our governing documents (declaration, bylaws, rules) refer to the Illinois Condominium Property Act. Is it necessary for our board to amend the instruments to reflect that we are now governed by the Common Interest Community Association Act, and not the Illinois Condominium Property Act?

     
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