Articles filed under Bendoff, David

• Heed the Condominium Property Act Dec 1, 2012 12:00 AM
  Q. What takes priority in the event of a conflict, the provisions of a declaration or the provisions of the Illinois Condominium Property Act/Common Interest Community Act?
  

   

• Board’s decision to charge equally for cable TV is legal Nov 24, 2012 12:00 AM
  Q. The board of our condominium association entered into a bulk cable television service for all of the units. Unlike other expenses that are charged to owners based on the unit's percentage of ownership in the common elements, the board charges the same amount per unit for cable television service. Is this proper?
  

   

• Keep association matters off your employer’s email Nov 17, 2012 12:00 AM
  Q. Is it a good idea for a board member of an association to communicate about association matters using their employer's email?
  

   

• Boards can borrow fundso cover maintenance issues Nov 3, 2012 12:00 AM
  Q. Our not for profit homeowners association has an unexpected maintenance issue, and we do not have enough funds on hand to cover the expense. One of the owners in the association has offered to lend the association the funds. Is this permitted?
  

   

• Voting by proxy can be limited by an association’s bylaws Oct 27, 2012 12:00 AM
  Q. The declaration for our association provides that no voting member may cast a proxy vote for more than three owners. Is this limitation lawful?
  

   

• Rules exist, but boards have flexibility in the annual budget Oct 20, 2012 12:00 AM
  Many associations are preparing, and will soon adopt, their 2013 annual budget. I've compiled a list of questions and answers that will help both those new to the process wind their way through it and refresh the memory of veterans of the process.
  

   

• Finding association board members can be a struggle Oct 13, 2012 12:00 AM
  Q. I am the president of a nonprofit townhouse owners association. We have been struggling to get owners to serve on the board. My understanding is that our three board members is less than a quorum, and that we can’t even conduct business.
  

   

• Election time prompts many questions about assciation boards Oct 6, 2012 12:00 AM
  It is annual meeting time of year in many associations, so I have compiled a list of questions related to annual elections. One reader wants to know if his spouse can run for the board, even though she is not on the deed as a unit owner in the association.
  

   

• Are associations liable for criminal acts of third parties? Sep 29, 2012 12:00 AM
  I recently conducted a webinar concerning association liability for the criminal acts of third parties. It was pretty well received, so I am going to provide the abbreviated version here.
  

   

• Why indemnify a property manager Sep 21, 2012 12:00 AM
  Q. Our association is hiring a property manager, and the board is reviewing the proposed management agreement. The management agreement requires the association to indemnify the property manager against claims made by third parties. Is this a typical provision, and what does it mean?
  

   

• How to combine two condo units into one Sep 15, 2012 12:00 AM
  Q. I own two side by side condominium units. The doors to the two units are also side by side, in a small vestibule set back from the common hallway for all of the units on the floor. I would like to combine the two units into a single large unit.
  

   

• Associations may be liable for criminal losses Sep 8, 2012 12:00 AM
  Q. The lock on the common front door of multi-unit building is broken. I reported this to the association but the lock has not been fixed. Since I first reported this problem, two units in the building have been burglarized and video shows the burglar gaining access through the door with the broken lock. Is the association liable?
  

   

• Condo rules shouldn’t prohibit American and military flags Sep 1, 2012 12:00 AM
  Q. I am a veteran who proudly displays a small American flag on a short pole in the ground near the patio outside of my townhouse. The board of the association has asked me to remove the flag, stating it violates the covenants for our property. Is there any law that would permit me to display an American flag anyway?
  

   

• Resources to help new association board members Aug 25, 2012 12:00 AM
  Q. All of the board members of our association are first time owners in an association. Are there resources out there that we can take advantage of which provide education and other information to associations?
  

   

• Board and attorney communications under attorney-client privilege Aug 18, 2012 12:00 AM
  Q. I am on the board of my association. An owner recently disagreed with a decision the board made. The board emailed the association's attorney for an opinion, then forwarded the attorney's email on to the complaining owner. I objected strenuously to simply forwarding the attorney's email. Was my concern justified?
  

   

• Condo boards can require maintenance checks in units Aug 11, 2012 12:00 AM
  Q. Our condominium board of managers is interested in making sure our residents keep their individual air conditioners and furnaces, located in their units, in safe running condition. We are considering hiring a company that would perform yearly checks. Is this a something that we can legally require our residents to do?
  

   

• Condo associations occassionally must deal with hoarders Aug 4, 2012 12:00 AM
  Q. A unit owner in our association has become a hoarder. Personal property and garbage is piled to the ceiling of the unit, and there are narrow passages throughout the unit making it look like a maze.
  

   

• Associations can set community standards for radon mitigation Jul 28, 2012 12:00 AM
  Q. A recent inspection of my first-floor unit indicates radon is entering through the concrete floor. Who is responsible for installing a radon mitigation system for my unit?
  

   

• Condo Talk: Snowplow contract considerations Jul 21, 2012 12:00 AM
  Record breaking temperatures aside, arrangements must soon be made for the removal of the snow that will make this year's summer a distant memory. Today's column will focus on some of the issues that should be addressed in a contract for snow removal in an association.
  

   

• Condo Talk: Board should draft a water leak policy Jul 14, 2012 12:00 AM
  Q. An owner recently called the board, complaining of water leaking into his unit. The association hired a plumber, who inspected the unit, repaired a leaking p-trap under a bathroom sink, and sent the association a hefty bill.