Request for dog run is not binding

Q: The board of our association was presented a petition signed by a majority of the owners that requests the board to install a dog run on the property. Is the board required to act on this request of the owners?

A: The board is not required to have the dog run installed, and the petition is not a binding directive on the board. Whether or not to install a dog run is a business decision of the board. That said, given the strong owner sentiment in favor of this, the issue is something the board should probably explore.

Q: One of the members of our condominium association board has resigned. Does the board need to call a meeting of the owners for an election to fill the vacancy on the board?

A: The board is not required to hold an election to fill a vacancy. Rather, under the Illinois Condominium Property Act, two-thirds of the remaining board members can vote to fill the vacancy until the next annual meeting. If there is any time left on the term of the board member who resigned, owners at the next annual meeting would vote to fill the remaining one-year term.

That said, if a vacancy on the board is filled by the board, there is a procedure that permits the owners to file a petition with the board to request a meeting of the owners for the purpose of filling the vacancy for the entire remaining term.

Q: I recently purchased a condominium unit for the first time. In speaking with some of my neighbors, I have learned that each of our monthly assessment amounts is different, although we each own a two-bedroom unit. Why is that?

A: Each owner pays an assessment based on the unit's percentage of ownership in the common elements. A schedule of the percentages of ownership would be set forth in the declaration of condominium for your association. The percentage of ownership established by the developer should have been based on the "value" of the various units.

Different two-bedroom units (or otherwise similarly sized units) may have different percentages of ownership based on the "value" of the specific unit. Value is typically based on the initial offering price of each of the units by the developer.

It's not unusual for similarly sized units to have different sales prices, based often on location of the unit relative to other units. For example, a unit on a higher floor, or with a better view, often has a higher initial offering price than a unit on a lower floor or with a less desirable view.

Q: There is a controversy in our condominium association over whether each unit has one equal vote, or whether voting is based on percentage of ownership. What does the law require?

A: The Illinois Condominium Property Act provides generally that voting is on a percentage of ownership basis. That said, the bylaws for the association can provide for approval by owners on a one equal vote basis on certain issues, provided that the Condominium Property Act does not specifically require voting on a percentage of ownership basis.

Q: Short of amending the declaration to prohibit smoking of marijuana in units, what can the board of a condominium association do to address the issue of secondhand marijuana smoke?

A: The board can consider adopting a rule that permits lawful smoking of cannabis in the units, but that prohibits smoke from cannabis to permeate any other unit or the common elements. If a resident is unable to prevent the smoke from escaping the unit, with fans or filters or other available means, the board might be able to bar smoking in that unit.

• 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.