How to handle noise complaints
Q: The board of our condominium association has received numerous complaints from the owner of one unit about noise he hears from the unit above. The owner of the unit above vehemently denies she is doing anything in the unit that would generate anything other than routine sound. Any suggestions on how to handle this?
A: In a unit-to-unit noise dispute, where no other unit owners are complaining, it can be very difficult for the board to determine whether the level of noise from the unit in question rises to the level of being "unreasonable" such that it violates the Declaration of Condominium and/or any rules. That is, this can be a classic "he said-she said."
In unit-to-unit noise disputes, where there is a complaint from only one resident, I suggest the complaining resident be called upon to retain a sound engineer to take measurements and to develop a report as to whether the noise is within acceptable levels or not. If the sound engineer concludes the sound is within acceptable standards, no further action may be warranted. If the sound engineer concludes the sound emanating from the unit exceeds acceptable standards, remedies need to be explored that can be made within the unit from which the noise originates (by the owner of that unit) to limit sound transmission from the unit generally. Failing that, the "noisy" owner can be subject to fines levied by the board.
Q: The balconies in our condominium are limited common elements. The board of the association has advised the owners of balconies that new railings are being installed, and that the more than $1,000 cost per balcony will be charged back to the owners with balconies. I have asked for the name of the contractor who will be performing the work. The board has given me a very hard time about this and says it will only provide the name if I pay hundreds of dollars for the information and attorney's fees.
A: Section 19 of the Illinois Condominium Property Act governs the records that must be maintained by the association's board of directors for examination and copying by owners. This includes "all contracts, leases and other agreements then in effect to which the association is a party or under which the association or the unit owners have obligations or liabilities."
The contract for the railing work is among the books and records you, as an owner, are entitled to examine and copy, and the contract will identify the contractor.
Section 19 of the Act also provides that the actual cost to the association of retrieving and making requested records available for inspection and examination may be charged by the association to the requesting member. If a member requests copies of records requested, the actual costs to the association of reproducing the records may also be charged by the association to the requesting member. It would be a very unusual set of circumstances that would allow attorney's fees incurred by an association to be charged to the requesting owner under this language.
Q: Our condominium association approved an amendment to the Declaration of Condominium. The amendment has been recorded with the county and includes a certification from the secretary of the board stating it was approved at a meeting by the requisite number of unit owners. We have all of the proxies and ballots that were submitted by the owners in connection with the vote on the amendment. How long does the association have to retain the proxies and ballots?
A: Under the Illinois Condominium Property Act, Section 19(a)(8), the ballots and proxies need to be made available to owners for examination and copying for 12 months from the date of the vote. That is the minimum period of time those documents should be retained.
• 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.