Articles filed under Condominiums

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Condo buyers should ask for association documents May 18, 2013 12:00 AM
Q. I am about to make an offer on a condominium owned by an individual. I have heard some horror stories about some associations. What can I do to learn about the association, and if it seems to be functioning appropriately?
Who can serve on the association board:? May 11, 2013 12:00 AM
Q. Our condominium association has a rule that states that an owner who is delinquent in the payment of their assessments is not eligible to serve on the board. Is this a valid rule?
Association advised against ‘dummy’ security cameras Apr 27, 2013 12:00 AM
Q. There have been some thefts from cars in the parking lot of our association. The board is considering installing dummy security cameras in the parking lot. Are there legal concerns with this approach?
Factors used to determine association reserves Apr 20, 2013 12:00 AM
Q. Our condominium association has set aside funds each year for our reserve fund; however, we have no idea if it is sufficient. Are there any guiding principles here?
How to determine condo ownership Apr 13, 2013 12:00 AM
Q. A unit in our association has been occupied by the same individual for many years. A new resident claims he and his brother, who had occupied the unit, have been owners of the unit for many years. How can the board confirm the resident’s representation that he is, and has been, an owner?
Long-term contracts made by developer may be cancelled Apr 6, 2013 12:00 AM
Q. The developer of our condominium recently turned control of the association over to the owners. The board has been reviewing contracts entered into by the developer-controlled board. Some of these contracts are for a term of five years or more.
Election of board jeopardized by proxy confusion Mar 23, 2013 12:00 AM
Q. The board of managers of our condominium issued a proxy to all owners in the association, along with the notice of the annual meeting. An owner distributed a nearly identical proxy that failed to list one of the known candidates to the association board.
Central School loft conversion provides lesson in suburban living Mar 17, 2013 12:00 AM
Victoria Bisbikis doesn't consider herself impulsive but she broke character by plunking down a deposit immediately after seeing how the kindergarten room at the former Central School in Libertyville was shaping up. "I didn't want to take the chance of losing it," the soon-to-be single mom said of the three-bedroom loft.
Can a board transfer surplus out of the operating account? Mar 16, 2013 12:00 AM
Q. Our homeowners association had an operating surplus at the end of the year in 2012. The board transferred the operating surplus into our capital reserve account. Is this permitted?
Ask for assessment status when purchasing a condominium Mar 9, 2013 12:00 AM
Q. I am in the process of buying a unit in a homeowners association. What should I do to make sure that the assessments owed by the current owner are paid in full by the closing?
Attorney represents association board, not the homeowners Mar 2, 2013 12:00 AM
Q. I am a unit owner in a homeowner’s association. During a homeowner’s forum, I asked theassociation's attorney a question, but he stated he could not answer it because it would violate the attorney/client privilege.
Guidelines for difibrillator use will limit liability Feb 23, 2013 12:00 AM
Q. Our association is considering installing a portable Automated External Defibrillator in the fitness center of our association. We would also train our staff as to the use of the AED. However, we are concerned about liability. Are there any guidelines you can describe?
Condo boards can regulate tobacco smoke in common areas Feb 16, 2013 12:00 AM
Q. I live in a 76-unit condominium and a person who smokes recently moved into a unit on my floor. The smell of the smoke in the hall is very strong and I am concerned about the effects of secondhand smoke as I am a cancer patient.
Overcoming culture clash among diverse residents Feb 9, 2013 12:00 AM
Recent immigrants frequently settle in areas with persons of like background, and are often drawn to the benefits of community association living. However, the task of building new lives, working and raising families often leave them little time to learn a language and culture that bear little resemblance to their own.
Two judgments available in an eviction lawsuit Feb 2, 2013 12:00 AM
Q. Unpaid unit owner assessments have become an issue for our association. We have instituted an aggressive collection policy. Our attorney uses terms like "personal judgment" and "in rem" judgment. What is the difference?
Fines are ‘reasonable’ when in line with others Jan 26, 2013 12:00 AM
Q. The board of our association is in the process of updating our rules. One of our proposed changes would increase the fine of someone who parks in a handicapped space without the required state permit (plate or hangtag) to $250.
Automatic renewal contracts are enforceable Jan 12, 2013 12:00 AM
Q. Our association entered into a five year laundry room lease. The lease automatically renews for additional five year terms unless notice of non renewal is given to the laundry company. Is the automatic renewal provision enforceable?
Small association can adopt state rules regulating larger ones Jan 5, 2013 12:00 AM
Q. We are a small common interest community association, organized as a not for profit corporation, with a very minimal and outdated declaration of covenants. Our annual assessment income budget is less than $100,000.
When should an association board be bonded? Dec 29, 2012 12:00 AM
Q. I live in a self-managed, 75-unit association. Should the board members be bonded?
Income tax filing requirements for condominium and community associations Dec 15, 2012 12:00 AM
Condominium and other forms of community associations are entities that must account for their taxable income. Even if no tax is owed, there is still a filing requirement.