Rules for expedited budget process

Q: Traditionally, the board of our association held a meeting of the owners to discuss the proposed budget before the board voted on the budget. The board does not intend on doing that this year. Rather, the board will only call a meeting of the board to adopt the budget. Is the board required to hold a meeting of the owners to discuss the proposed budget?

A: Whether a condominium or a common interest community association, the board does not need to call a meeting of the owners to discuss the proposed budget. Here's a summary of the procedure that has to be followed by the board to adopt the annual budget.

A copy of the proposed budget needs to be mailed or delivered to owners at least 25 days prior to the board's adoption of the budget. Also, written notice of the date, time, place and purpose of the board meeting needs to be mailed or delivered to owners no less than 10 and no more than 30 days prior to the board meeting to adopt the annual budget.

Q: I live in a townhouse association. The owner of the property next to the association has tree and bush branches hanging over the townhouse association property. Does the association have the right to trim the trees or bushes? Does the association have to give that adjacent property owner some type of notice before we do it?

A: These tree issues come up quite a bit. The association has rights and remedies if tree branches and bushes from adjacent private property are encroaching on the association's land and causing a dangerous condition. The association should make a written demand to the neighboring owner to remove branches or trim the bush by a certain date.

If the adjacent landowner does not remove the offending tree, branch or bush after a written demand, the association may be able to trim the tree or bush on its own and seek reimbursement from the adjacent landowner. As an alternative to the "self-help" remedy, if the adjacent landowner fails to comply, the association could file suit to require the owner to trim the encroaching trees or bushes at the tree owner's expense.

If a tree branch does fall and damages the association's property, the association should also speak with its insurance agent or broker about whether a claim should be made with the association's insurance carrier. This may also depend on the cost to repair the damage and the amount of the association's insurance deductible.

Q: A longtime owner of a unit in our association recently died. The association keeps a set of all unit keys in case of an emergency. Two different family members have visited the association office and have requested keys to the unit. Each of the two family members claim they should be given the key and not the other family member. One family member is claiming to have the deceased owner's power of attorney, and that it entitles him to the unit key. Who is entitled to the key to the unit?

A: Any person seeking the association's assistance in accessing the deceased owner's unit should be required to show documents showing he or she is the executor or administrator of the estate of the deceased owner, or documents from the executor/administrator indicating that the executor/administrator authorizes the person to take this action. If the unit is held in trust, a person should produce documents showing he or she is the beneficiary of the trust that holds legal title to the unit.

Unless and until such documentation is provided, the association should not deliver a key to the unit.

An executor is the person named in a will to gather and distribute the deceased owner's assets. An administrator is the person appointed by the probate court to perform these functions when there is no will or no executor named in the will.

A power of attorney granted by the now deceased owner would not provide any rights to any third party at this time, as a power of attorney automatically expires on the death of the owner.

• 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.