Barking issues can result in fines for owner

Q: Like so many people, I have been working from my condominium unit during the COVID-19 pandemic. I have noticed a lot of owners in our association have dogs. During the workday, any number of different dogs may start barking for a few minutes. The barking of the dogs can be very distracting. I have submitted multiple complaint forms to the board about barking dogs. However, the board has not done anything about the problem. Doesn't the board have a responsibility to address the noise?

A: There is going to be some amount of barking in an association that permits dogs.

A typical condominium declaration includes a covenant that provides that "nothing shall be done in a unit that is noxious or offensive, or that constitutes an annoyance to other residents." Dogs do bark, and that is a fact of life. The issue then is not necessarily whether a dog is heard barking. Rather, the issue is whether the barking rises to the level of violating the association's covenants or rules.

In your situation, the board may have made a threshold determination that the complaint of barking does not rise to the level of a violation of the governing documents. You can follow up with the board to see if that is the case.

When barking does reach a level that, in the determination of the board, it becomes a violation of the governing documents, the board could levy fines against the owner after providing the owner written notice of the violation and an opportunity for a hearing. If the problem is serious enough, and other measures are not successful in curbing the barking, the board and association may be able to require the owner to remove the dog from the property.

Q: An owner in our association has tested positive for COVID-19. The board issued a notice to all residents that a resident has tested positive, and that this person is self-quarantining, and generally following proper protocols; the resident was not identified. Another resident has demanded the board post a "Quarantine in Process" sign on the door of the person with COVID. Is this something the board is required to do?

A: I have reviewed numerous resources on this issue. It appears the consensus is, due to privacy concerns and in order to promote full disclosure to the board from residents with the virus - without any fear they might be ridiculed, the board should not disclose the infected person's name or unit number. Therefore, it would not be appropriate to post the quarantine sign on the resident's door.

However, maintaining the privacy of the resident is conditioned on the infected individual following proper government protocols.

Q: Our association obtained possession of an owner's unit as the result of a judgment in a forcible entry and detainer action against the owner, resulting from the owner's nonpayment of assessments. The association's annual meeting is coming up. Can the association vote on behalf of the unit for which it has possession?

A: An order in a forcible entry and detainer (eviction) action grants the association temporary possession of the owner's unit. The association is generally granted possession of the unit until the owner's account is brought current. The association can lease the unit to a third party, and apply the rents received to the amounts due from the owner.

However, the award of possession does not grant the association rights of ownership. The voting rights for the unit remain with the owner, who can vote at the annual meeting.

To obtain ownership rights in the unit, the association would need to pursue an action to foreclose its lien rights. That isn't typically done in Illinois because of the effectiveness of the forcible entry and detainer action.

• 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.