Articles filed under Bendoff, David

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  • Lawyer not needed to defend small claims lawsuit Feb 28, 2015 12:00 AM
    Q. A contractor the board hired to do paving work for the association has filed suit against the association. The contractor claims the association has failed to pay about $8,000 under the contract. Can the association defend itself in this case?

  • Process to fill a pending board vacancy can begin Feb 21, 2015 12:00 AM
    Q. You recently wrote about board member resignations. I have a related question. A board member of our association issued a written resignation. However, the resignation stated that it would be effective at a later date than was stated in the resignation. Even though the actual resignation does not take place until the future, can the board take steps now to appoint a person to fill the vacancy that will be created?

  • Board can be asked to cast proxy vote Feb 14, 2015 12:00 AM
    Q. We have our election of board members coming up in March. Many owners submit proxies naming “the board” as the proxy holder.

  • Board can take action to remove bird feeder Feb 7, 2015 12:00 AM
    Q. A homeowner in our association refuses to follow our rule that prohibits feeding of the birds or wild animals. She keeps a large dish of seed and food on the common area next to her patio, and bird feeders are attached to her patio railing.

  • State can involuntarily dissolve association Jan 31, 2015 12:01 AM
    Q. I was looking at the Illinois Secretary of State’s website, and it indicates that our homeowner association, a not for profit corporation, was involuntarily dissolved. What does this mean, and can it be corrected?

  • Owner who does not pay assessments can be charged to fix unit Jan 24, 2015 12:01 AM
    Q. By court order, our association recently took possession of a unit from a unit owner who did not pay assessments. The unit is filthy and several appliances do not work or are missing. What can the association do about this?

  • State gives leeway in use of technology Jan 10, 2015 12:01 AM
    The Illinois Condominium Property Act is catching up with technology, as evidenced by recent additions that are effective this year. These additions have spawned numerous questions, some of which are addressed in today’s column.

  • Tax bill more than assessed valuation Jan 3, 2015 12:01 AM
    Q. I read your column concerning real estate tax appeals on condominium units. My mother-in-law’s association went through this process last year. The assessed value of the units did get reduced; however, her real estate tax bill went up by over $300. Why did her tax bill go up?

  • Municipality does not have to accept private streets Dec 27, 2014 12:01 AM
    Q. The streets in our association are privately owned, and are quite expensive to maintain and plow of snow. Can an association dedicate its private streets to the local municipality?

  • Boards can file assessed valuation challenges for all owners Dec 20, 2014 12:01 AM
    Q. Many of our condo owners want to appeal the county’s assessed valuation of our individual units. Does each unit owner have to file their own complaint with the county, or can the board file a single appeal for all owners?

  • Board must give owners common account information Dec 13, 2014 12:01 AM
    Q. I have lived in my condominium for the past 23 years. The board of managers refuses to produce an audited financial statement. What can I do get this?

  • Board must confirm candidates are owners Dec 6, 2014 12:01 AM
    Q. From time to time, our association unknowingly elects someone to the board who we later learn is not the owner of a unit. How and when can our association make sure that a candidate for the board is an owner?

  • Board can take action against turkey owner Nov 29, 2014 12:01 AM
    Q. The strangest thing has occurred at our association. A new unit owner purchased a live turkey, and kept it in their unit for several weeks.

  • Condo association not required to clear snow off residents’ cars Nov 22, 2014 12:01 AM
    Q. We are a small one-building condominium association. Some of our residents use their garages for storing their personal property, and park their vehicles outside all the time. A snowplow service clears the parking area where these individuals park.

  • Condominium property must be safe from neighbor’s trees Nov 15, 2014 12:01 AM
    Q. A neighboring land owner’s trees are planted so close to the property line of our condominium association that the branches bang into the windows and siding of our building. One branch actually broke a window of a unit. What can the association do about this?

  • Keep editorial comments out of meeting minutes Nov 8, 2014 12:01 AM
    Q. A board member in our association often demands that his editorial comments on an issue be written into the meeting minutes. What are your thoughts on this practice?

  • New rules make amendments to declaration easier Nov 1, 2014 12:01 AM
    Q. Our condominium association is considering several amendments to the declaration of condominium. The amendment language says that the amendment has to be signed and acknowledged by a stated percentage of owners, in order to adopt the amendment. Does this involve a notary, and do we really have to do that?

  • Dealing with a belligerent board member Oct 25, 2014 12:01 AM
    The number of associations that have to deal with a belligerent or loose-cannon board member appears to be trending upward. The issues range from the simply rude board member to the board member who shares confidential information with unit owners.

  • Unit owners can attend any board meeting Oct 18, 2014 12:01 AM
    Q. Can the board assemble outside the presence of unit owners to discuss association matters?

  • How to handle rules violations Oct 11, 2014 12:01 AM
    Q.Our association rules state that homeowners cannot park work trailers/construction equipment trailers on the streets or driveways. When receiving a complaint from a homeowner about a violation of this rule, does the board simply take their word for it and send the violator a notice of violation?

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