Articles filed under Bendoff, David

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  • 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 assessor’s 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 owner’s 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 doesn’t 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?

  • Boards must release common condo expense reports Oct 5, 2013 12:05 AM
    Q. The board of our condominium association does not produce a year-to-date report showing the expenses for the current year when they present the proposed budget for the following year. Please let me know if this is legal.

  • How does an association devide deductible costs? Sep 28, 2013 12:41 AM
    Q. A unit owner turned the water on in their bathtub and, forgetting they had done so, left the unit for about an hour. The tub overflowed and caused damage to the common elements and to other units that was covered by the association’s property insurance.

  • Condo boards must follow theses rules in budget preparation Sep 21, 2013 12:30 AM
    It’s budget preparation and adoption time for many associations. Here are some questions and answers that should help get through the process.

  • New owner not responsible to pay prior owner’s unpaid assessments Sep 14, 2013 12:04 AM
    Q. The closing of a unit in our association occurred without the board’s knowledge, and without the seller requesting an assessment status letter. There were unpaid assessments due and owing by the prior owner at the time of closing. Usually, the seller requests an assessment status letter from us, and this has not happened to our association before. Is the new owner responsible for the prior owner’s unpaid assessments?

  • Owners do not have right to ask questions at board meetings Sep 7, 2013 12:56 AM
    Q. I have always wondered about a practice of our homeowners association. Owners are permitted to attend the board meetings; however, owners are not able to pose questions to the board or comment on matters being discussed by the board. Is this legal?

  • Adopt rules for recorded board meetings Aug 31, 2013 12:59 AM
    Q. I understand that a unit owner in a condominium association can videotape a board meeting. Can the board impose any restrictions on this?

  • How determine size of reserves Aug 24, 2013 12:45 AM
    Q. Every year, the board of our association struggles to determine how much of a reserve contribution should be included in the annual budget. Is there a “rule of thumb” or formula to determine how much of a contribution to reserves should be included in the budget each year?

  • Association bylaws determine voting rules Aug 17, 2013 12:08 AM
    Q. There are only three candidates for the three open seats on the board, each for a two-year term, that are up for election at the upcoming annual meeting. Do we have to cast ballots, or can we elect this slate by acclamation?

  • There’s no limit to number of proxies an owner can gather Aug 10, 2013 12:31 AM
    Q. A great number of units in our condominium association are investor owned and being leased. The board president claims she has the voting proxy for about 30 units.It appears she controls who is elected to the board. Is this legal?

  • Avoid annual meeting pitfalls Aug 3, 2013 12:31 AM
    Annual meeting season for many Illinois associations will occur over the balance of the year. The annual meeting may be the most important event for an association, yet there are numerous potential pitfalls that can raise legal challenges (or create political havoc) if the process is not conducted properly.

  • Four-year board term acceptable Jul 27, 2013 12:01 AM
    Q. The declaration of covenants for our common interest community association provides that the term of office for each board member is four years. That seems like a long time. Is a four-year board term permitted?

  • A condo board can buy bulk high-speed Internet service Jul 20, 2013 12:19 AM
    Q. The board of our condominium association is considering entering into a bulk high speed Internet service contract for all units. I don’t want the service, and I certainly don’t want to pay for it. Does the board have the authority to enter into this agreement and charge me for the Internet service?

  • Condo talk: Who can serve on association board Jul 14, 2013 4:47 PM
    Q. Many units in our association are owned by entities, rather than by individual people. Our annual meeting is coming up, and a question has been raised as to who is eligible to serve on the board when a unit is owned by a corporation or limited liability company.

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