Crime-free community programs make complexes more safe, secure

Some condominium properties have a tendency to attract a criminal element, like tartar sauce to a fish fry. Whether it is due to condition, cheap rents, proximity to drug supplies or any other factors, the board of directors must be prepared to deal with these type of occupants, even when the property only has one.

What has been a boon to some areas is the adoption of Crime Free Multi-Housing ordinances in a number of communities (Schaumburg, Palatine, Naperville, to name just a few). These local laws set forth criteria whereby the conscientious owner can protect his investment while working in conjunction with the association and local authorities.

In addition to village ordinances, there are laws on the books to deal with specific situations, and when that fails, a board could adopt a crime-free community set of rules to fill in the gaps where not addressed by local or state law.

Here is an overview of these types of regulations being implemented area-wide to keep the solid citizens in a community association safe from harm.

First, if a property has units rented out under the Department of Housing and Urban Development's Section 8 Subsidized Housing program, Section 5/9-118 (Ch. 110 ILCS) of the Illinois Code of Civil Procedure provides for the immediate eviction of any occupant using, selling or trafficking in drugs. Unlike other eviction proceedings, in these instances, no notice is even required. The management can ask for emergency eviction proceedings to commence under this section of the law.

Further, under Section 5/9-119, the occupant can be evicted for failing to allow the owner access to the premises.

Second, under 5/9-120, a landlord can void a lease if the premises has been used for the commission of any act that constitutes a felony or Class A misdemeanor, and the owner can recover possession through normal Forcible Entry and Detainer (eviction) proceedings.

Third, this begs the question as to what a board has to do regarding registered sex offenders. In 1994, a twice-convicted sex offender in New Jersey brutally abused and murdered a young girl, which prompted the creation of "Megan's" laws, requiring registration. Frequently, a board will learn that a registered sex offender will be residing on the property. The existing state laws do not give the boards the same latitude in these instances unless a crime is actually committed on the premises or it involves drugs. Thus, there is a need for more stringent local regulation and the adoption of appropriate rules and regulations governing occupancy.

When a board is advised that a registered sex offender resides on the property, there is not much the association can do except perhaps bring to the attention of the owners of what is in the public record and to encourage the neighbors to be aware of suspicious activity.

The typical local ordinance will provide programs to create a more educated and proactive owner who will be trained in proper screening of applicants initially, and how to use the appropriate lease forms, the use of criminal background checks, and how to develop a working relationship with the police department. These programs are specifically designed to assist all residents and owners with how to keep drugs and other illegal activities away from their property.

These ordinances provide for training sessions of the managers and owners, a police department review of all security measures in place and to make recommendations, and to educate all tenants as to their obligations and responsibilities.

The failure to be proactive about criminal activity and to turn the other cheek can result in a decline in property values, increase in property damage through vandalism and neglect, fires, civil penalties, and the creation of an atmosphere of fear and resentment among the other residents.

Over the years, some communities have engaged in self-policing with community watch programs and safe houses for school children. I remember one community, which had experienced an epidemic of vandalism, loitering and gang activity, took their community watch one step further. Volunteers took turns driving through the community every night during the summer with flash lights and by the end of the season, all this activity ceased and the offenders obviously moved elsewhere.

Some properties feel the need to resort to licensed security companies with patrol cars and other surveillance techniques, but this should only be in the more extreme cases.

Community associations should encourage their village or city to adopt "crime free" programs to give the boards the necessary teeth to act without having to resort to legal action every time an instance occurs. When there is no cooperation from local government, then the board of directors should look into setting up its own program by adopting rules similar to those in effect at crime-free communities and enforce it just like any other rule.

With the advent of the Internet, criminal and civil histories, bad credit and other information about one's character is readily available and with the use of local or state laws - or association regulations - a board of directors can control who lives in a community.

Some associations have taken the position that since they have a right of first refusal, they can protect the community in this fashion. Most associations never exercise this right. Most declarations require that the association to obtain the approval of a supermajority (two-thirds) of the community to approve it and it requires the association to either buy or rent the unit under the same terms. Having laws and policies in place would eliminate the need for owner approval, financing or the board becoming a landlord in these instances.

Thus, a conscientious board does not have to wait until a crisis occurs. It can be proactive and encourage local government to create appropriate programs and work jointly with the association board, the owners and management to keep crime out of the community.

• Condo talk appears alternate weeks. Jordan Shifrin is an attorney with Kovitz Shifrin Nesbit in Buffalo Grove. Send questions for the column to him at jshifrin@ksnlaw.com. This column is not a substitute for consultation with legal counsel. Past columns can be read at www.ksnlaw.net.