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Articles filed under Bendoff, David

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  • Snow-filled balconies can damage condo building Feb 22, 2014 1:01 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 covered Feb 15, 2014 1:01 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 12:29 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 11:32 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 12:33 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 12:50 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 12:22 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 6:32 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 12:12 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 12:27 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 1:00 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?

  • Installment buyers usually have voting rights Nov 30, 2013 12:22 AM
    Q. Several owners in our condominium association are selling their units through the use of an installment contract. What is this?

  • Illinois State Police website provides template for firearms sign Nov 23, 2013 12:20 AM
    Q. Our association is in the process of developing rules prohibiting the carrying of concealed firearms. What is the requirement for the sign that we will be required to display?

  • Board can challenge assessed valuations Nov 16, 2013 12:57 AM
    Q. I live in a condominium association and the county assessorís assessed valuation of my unit seems very high compared to the sales prices of comparable units. Fellow owners agree. Is there something the association, as an entity, can do to challenge these high assessed valuations?

  • Some boards overreach in handling late fees Nov 9, 2013 12:32 AM
    Q. Our condominium association imposes a $25 late charge every month that an ownerís account has an open balance. Is this permitted?

  • To plow or not to plow, that is the question Nov 2, 2013 12:54 AM
    Q. Our homeowners association does nothing with our asphalt bike and walking path in the winter, and most times it is covered with snow or ice, making the path virtually impossible to use. The board of our association takes the position that because it doesnít shovel the path at all, it cannot be successfully sued for negligence if someone slips and falls.

  • Power of attorney is limited Oct 26, 2013 12:22 AM
    Q. The owner of a unit has provided the board with a copy of a power of attorney she granted to her husband. The owner claims that her husband is permitted to attend association meetings and that he can request books and records of the association based on the power of attorney. Is this correct?

  • Can you feed your board members? Oct 19, 2013 12:49 AM
    Q. The board of our association orders a deli tray or pizza for the board members to dine on during its early evening meetings. These meals are paid for with association funds. Is this an appropriate use of association funds?

  • Avoid the pitfalls of proxy voting Oct 12, 2013 12:57 AM
    Q. A column of yours from earlier this year discussed an election practice that many associations that I manage use. That is, the proxy given by one owner to another, that designates who the owner wants the proxy holder to vote for in a board election, is counted as the ballot at the annual meeting. If so many associations use this practice how can it be wrong?

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