Electric vehicles may require condo improvements

Q: Must a condominium association provide an electric vehicle charging station as an amenity to residents?

A: Legislation has been introduced from to time to time in Illinois to address this; however, it has not been adopted. Therefore, it is a business decision of the board whether to install an electric charging station or stations for use by residents.

I do think we will see a proliferation of such an amenity in associations, as electric-powered vehicles replace the internal combustion engine. Electric vehicle charging stations are part of more and more new residential construction.

Many condominium associations do permit an owner to install, at the owner's expense, an electric vehicle charging station in a limited common element parking space or parking unit. In these situations, the board does need to evaluate the sufficiency of electrical infrastructure to support additional electric vehicle charging stations. The board also needs to consider who would pay for any additional electrical infrastructure/capacity that may be required if current infrastructure cannot support such additional individual charging stations. This should all be carefully documented in an agreement between the association and the individual unit owner.

Q: New owners in our association are required to complete a "census" form that provides a variety of information to the association. This includes identifying the name(s) of the unit owners of the unit. Can the association assemble an official list of owners from the information provided by owners on this form?

A: Information provided by owners as to ownership of their unit is frequently incorrect, though seldom intentionally. Therefore, the information provided on the form here is not necessarily reliable enough to create an accurate list of owners.

Common errors on these forms include listing both spouses as owner when only one spouse is on the deed; or listing only one person as the owner when there are multiple owners; or not providing information about a unit being owned by a trust. At minimum, an association should require the new unit owner to provide a recorded copy of the deed to the unit.

If a unit is owned by a trust, information can also be required that identifies the current beneficiary or beneficiaries of the trust, because a current beneficiary is considered an owner.

Q: The severely leaking roof of our condominium building is well beyond its useful life. Damage is being caused to units. Unfortunately, our reserve fund was nearly depleted by another project. As a result, the roof replacement will be funded by a special assessment. The special assessment, together with a significant increase in monthly assessments this year, will push us over the threshold where owners can call a vote to reject the special assessment. Is there anything that would allow the association to proceed anyway and without a vote of the owners?

A: Section 18(a)(8) of the Illinois Condominium Property Act may provide some relief here. That section states that separate (special) assessments for expenditures relating to emergencies may be adopted by the board without being subject to the unit owner petition/vote for a special assessment that exceeds a described threshold.

Emergency means "an immediate danger to the structural integrity of the common elements or to the life, health, safety or property of the unit owners."

In an abundance of caution, the board's characterization of the situation as an emergency should be supported by an expert's conclusion in a written report. Further, the motion of the board to adopt the special assessment should reference the emergency and the expert's opinion. Failure to do so can make it more difficult for the board to defend a challenge to the special assessment.

• 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.