Owners not entitled to compensation for balcony work
Q: We own and live in an old condominium building. The association is performing major tuckpointing work on the exterior of the building. It is a project with a 10-month duration. As a result of all this work, unit owners have been unable to use their balconies for this entire period of time. Do owners have any claim for any compensation from the association as a result of the inability to use our balconies?
A: Some owners incorrectly look at the condominium association like it is a landlord and that owners are tenants. Each owner in a condominium owns their own unit, and each owner also owns a percentage of the common elements of the building along with all of the other unit owners. The unit owners' association is responsible for the overall administration of the property and the maintenance, repair and replacement of the common elements. This is all done on behalf of the owners through the association's duly elected board of managers.
Look at the situation you describe as if this involved a stand-alone single-family home. If the owner of a house couldn't use their deck because of scaffolding set up when they were having tuckpointing work done, they would seemingly understand that it's a natural inconvenience of the brick work required on their home. They would not expect to be compensated for that inconvenience.
It's the same in a condominium. Owners would not generally be entitled to compensation for the inconvenience of not being able to use the balcony serving their unit during a common element tuckpointing project.
Q: Our association holds an annual picnic for residents. The association serves beer and wine at the event. Should the association have special insurance for this picnic?
A: An association's general liability insurance policy may not cover liability that arises from serving alcohol on the premises. In that situation, the association would need to procure liquor liability insurance, commonly referred to as "dram shop" insurance. This insurance can frequently be procured for a single special event, rather than insurance that must always be maintained. The association should speak with its insurance agent about whether its existing insurance policy provides coverage, or whether additional coverage is required.
As an aside, the term "dram" in "dram shop" refers to the small measure of whiskey served at pubs.
Q: I have owned my condominium unit for more than 20 years. I have smoked cigarettes in my unit the entire time. I am now being cited for smoking in my unit. What can I do?
A: I assume you mean you were issued a notice of violation of a rule or a provision in the declaration, in connection with secondhand tobacco smoke. As a society, we are growing less tolerant of secondhand smoke. This is evident by the increase in the number of complaints in associations about secondhand tobacco smoke that migrates from one unit to another.
These complaints are typically based on language in a declaration that prohibits "noxious and offensive" conduct. Some are based on language in a declaration that specifically prohibits smoking.
If an owner receives a notice of violation, they are entitled to a hearing with the board, before the board levies a fine. So, to answer your question, you can have a hearing with the board. Further, you should consider what steps can be taken to eliminate the migration of smoke from your unit to the common elements or to other units.
• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. 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.