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Articles filed under Bendoff, David

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  • Balcony cannot be extended without owners’ permission Aug 2, 2014 12:01 AM
    Q. Our townhouse style condominium unit includes a rear balcony that is a limited common element of the unit. I want to extend my balcony about a foot. Is this permitted?

  • Townhouse and condominium associations are governed by different laws Jul 26, 2014 12:01 AM
    Q. I currently live in a townhouse association. My question is this: Are there different rules governing a condominium association, and a townhouse association? And if so what is the name of the Illinois statutes for both?

  • Maintain safeguards with association accounts Jul 19, 2014 12:01 AM
    Q. The treasurer of our self-managed association pays all association bills and performs the reconciliation of the association’s checking account. Is this a good idea?

  • President should run board meetings Jul 12, 2014 12:01 AM
    Q. Our condominium association recently hired a new property manager. The property manager, rather than the board president, runs the board meetings. As an owner, this is a concern. Am I overly concerned?

  • How to combine two condominiums Jun 21, 2014 12:01 AM
    Q. I am considering buying the condominium next door and combining the two into a single unit. I want the two condominiums recognized as a single unit under the law. I also would like to enclose the small vestibule leading to these units to create a single, dramatic entrance. What is the legal process to accomplish this?

  • Senior communities can legally prohibit children Jun 14, 2014 12:01 AM
    Q. My husband and I live in an over-55 community. We would like our infant grandson to live with us until he is school age. However, the association’s governing documents prohibit “all persons under 21 from being a resident.” Do you think we should be able to get a hardship waiver of this regulation?

  • Tax purchaser subject to association’s bylaws Jun 7, 2014 12:01 AM
    Q. A unit in our condominium association was sold at a tax sale. The unit owner never redeemed the taxes and the tax purchaser received a tax deed. The tax purchaser says that he is not subject to the association’s declaration of condominium. Is that correct?

  • A board may not prohibit the display of the American flag May 31, 2014 12:01 AM
    Q. I am a veteran who, from time to time, displays a small American flag on a short pole in the ground of the limited common element patio area outside of my townhouse-style unit. The board of the association recently asked me to remove the flag stating that it violates the covenants for our property.

  • Workshops not open to owners are no longer permitted May 24, 2014 12:01 AM
    Q. Can the board assemble outside the presence of unit owners to discuss association matters, where no vote will be taken?

  • Court ruling guides most homeowner associations May 17, 2014 12:01 AM
    Q. What impact, if any, does the ruling in Palm v 2800 N. Lake Shore Drive Condominium Association have on homeowner associations not expressly governed by the Illinois Condominium Property Act? We are not a condominium, but a common interest community association comprised of single-family homes.

  • Boards should be careful with contracts that include automatic renewals May 10, 2014 12:01 AM
    Q. Our association entered into a three-year elevator maintenance contract. The contract automatically renews for additional three-year terms, unless notice of nonrenewal is given to the elevator company. Is the automatic renewal provision enforceable?

  • Board members are not permitted to cast votes by email May 3, 2014 12:01 AM
    Q. The members of our condominium associationboard routinely communicate with one another and make decisions by email. Is this permitted?

  • Condo owners not allowed to build on common areas Apr 26, 2014 12:01 AM
    Q. Our condominiums include rear patios. Several owners have taken the liberty to increase the size of their patio several feet into the general common element open space. Is this permitted?

  • Appellate court ruling on Palm is informative Apr 19, 2014 12:01 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 approval Apr 12, 2014 12:01 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 paid Apr 5, 2014 12:01 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 chilly Mar 29, 2014 12:01 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 association Mar 22, 2014 12:01 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 units Mar 15, 2014 12:01 AM
    Q. Your column has discussed unit lease restrictions in associations. Why do associations impose leasing restrictions?

  • Ice dams on roof concern unit owners Mar 8, 2014 12:01 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?

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