Follow the plat of survey when marking parking spaces

Q. The parking spaces in our condominium association are limited common elements. Each parking space is shown on the plat of survey attached to the declaration, with specific dimensions. The asphalt on the parking area where the parking spaces are located was recently replaced. This required the yellow stripes identifying the boundary of each parking space to be repainted. However, 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. Did the board have the right to move the parking spaces like this?

A. This is not an uncommon issue. The correct location of the stripes in the parking area for the limited common elements parking spaces is to be as shown on the plat of survey. If the stripes do not reflect the layout on the plat, you have significant grounds to require that the space be located and striped as depicted on the plat.

From time to time work on a parking area that includes limited common element parking spaces, or parking units, requires restriping of the parking spaces. The board of an association would be wise to include a provision in the contract with its vendor that the stripes will be repainted as depicted on the plat.

Q. Does a condominium association have to provide owners the opportunity to review, and provide written comments on, proposed rules before the rules can be adopted by the board?

A. Not exactly. Rules covering the details of the operation and use of the property may be adopted and amended by the board at a board meeting. The adoption of rules does not require the vote of the unit owners, and the board does not have to provide a period of time for the owners to provide written comments on the proposed rules.

However, the Illinois Condominium Property Act does provide that there must be a meeting of the unit owners called for the specific purpose of discussing the proposed rules before there is a meeting of the board to adopt the rules. The two meetings, the owners meeting and the board meeting, can be held back-to-back on the same evening. Further, no quorum is required at the meeting of the unit owners held to discuss the proposed rules.

Note that written notice of the unit owner meeting must be mailed or delivered giving members no less than 10 days and no more than 30 days’ notice of the time, place and purpose of such meeting. The notice of the unit owner meeting must also include the full text of the proposed rules and regulations. Notice of the meeting of the board to adopt the rules would have to be issued to the board members and posted 48 hours in advance of the board meeting.

Q. I know it is winter, but under what circumstances must an association provide a lifeguard for its swimming pool? We are looking for ways to reduce expenses, and elimination of a lifeguard would result in significant savings.

A. A lifeguard must be provided at all association swimming pools that allow bathers 16 and younger to enter the pool area (not just the pool) without a responsible person 17 years of age or older present. The parent or guardian of a child younger than 17 is permitted to submit written permission to the board of managers/directors allowing that child to enter the pool area or swim without either a lifeguard or a person 17 or older present.

All association swimming pools that do not provide a lifeguard must post and enforce the following rule: “No person may enter the pool area alone or swim alone.”

Ÿ David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in Buffalo Grove. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.