Structural engineer can verify building safety
Q: The recent condominium building collapse in Florida has raised concerns among our association's board of directors, as our building is getting up there in age. What can boards do to avoid such tragedies here in Illinois?
A: It is certainly too early to know what caused the tragic Florida condominium building collapse. However, this event should be an important reminder of the need for periodic building inspections by a structural engineer. Similarly, if an issue of a potential structural nature is otherwise brought to the attention of the board, it should be inspected by a structural engineer. Recommendations by the engineer following such inspections should be implemented by the board on a timely basis. It would be prudent for a board to meet with an engineer, and develop an inspection timeline.
Also, in Chicago, certain buildings are required to have periodic inspections of exterior walls, and this requirement needs to be implemented.
If an association is professionally managed, this should be an issue discussed between the board and management.
Q: I live in a condominium complex comprised of numerous buildings. The streets within the condominium complex are private and owned by the condominium association. The board of the association has posted "no parking" signs in certain areas of the streets. However, the board had not adopted any sort of rule that addresses where vehicles can or cannot be parked on the streets, and the association's declarations or bylaws do not include any street parking restrictions. Do the posted signs give the board authority to impose a fine or have a vehicle towed in the absence of a rule?
A: The "no parking" signs alone are not a substitute for a rule. The board should draft and adopt a rule that describes the "no parking" areas and that expressly prohibits parking in the posted "no parking" zones. Once that is done, the board could levy a fine for a violation of the "no parking" rules, after providing written notice of the violation and an opportunity for a hearing, or tow if appropriate.
Q: Can a contractor who performs work in an individual condominium unit file a lien against that unit for nonpayment?
A: Yes, a contractor performing work in an individual unit can record a mechanic's lien against the individual condominium unit. The contractor does need to be careful that they limit the lien filing to the unit within which it performed work. Contractors frequently record the lien against all of the units in the condominium building, rather than against the individual unit where they performed the work. That would be slander of title against the other units, and could subject the contractor to liability by those other unit owners.
Q: Can a contractor who performs work on the common elements of a condominium building file a lien against the entire condominium property for nonpayment?
A: Yes, a contractor who does not get paid for work performed on the common elements of a condominium association has lien rights against all of the individual units in the association. The contractor can record the lien against all of the units in the condominium building. That is because each unit owner also owns a percentage of ownership interest in the common elements. Each unit owner's potential liability for the contractor's lien would be based on and limited to the unit owner's percentage of ownership in the common elements, and not for the entire sum due to the contractor.
If a condominium board receives notice of the filing of such a lien, the board needs to advise all of the owners in the association.
• 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.