Power washing garage floor requires resident to move car
BY DAVID M. BENDOFF
Q. I live in a condominium building that has indoor parking. The parking spaces are actual condominium units. I leave my car in my parking space while I am in a warmer climate in the winter and early spring. While I am away, the association power washes the parking spaces, and requires residents to move their vehicles. Cars that aren't moved are towed. Do I have the right, because I own the parking space, to tell the association I don't want my parking space washed?
A. Many associations power wash the floors of a parking garage to prevent damage to the concrete caused by fluids and road salt that come from vehicles. Your parking space unit is located within the space bounded by the common element floor. Because the concrete floor below the parking space unit is a common element, the association is responsible for its maintenance, repair and replacement.
As such, the association has a right of access to the common element concrete floor from your unit to perform maintenance, per Section 18.4(j) of the Illinois Condominium Property Act. You do not have a legal right to prevent the association from having full access to your parking space to perform this power washing, and you do have to arrange to have your vehicle moved.
Q. My husband and I are looking to purchase a condominium unit in Illinois. If an association has a dog weight limit, and our emotional support dog for my husband, who has cancer, is over the limit by 15 to 20 pounds, will we be permitted to keep the dog? Will we need to disclose the emotional support animal prior to the purchase of the condominium?
A. An association needs to make reasonable accommodations in the enforcement of its restrictions for a person with a disability. This could include allowing a legitimate emotional service animal that exceeds the weight limits set forth in the governing documents. It would be in everyone's best interest if you request a reasonable accommodation before actually purchasing the unit, as is permitted by law.
Q. We are a small homeowners association. The board of directors decided not to hold an election of board members because only two homeowners showed interest in running for the two positions up for election. The majority of the board voted to simply "declare" these two candidates as board members, without an election. Can the board make such a decision based on this reasoning?
A. The board's reasoning and decision is flawed. The association needs to hold the annual meeting to elect board members, regardless of whether or not the number of candidates exceeds the number of positions to be filled. If, at the annual meeting, there are only two candidates for two seats, the candidates can arguably be elected by "acclamation" of the owners and the actual ballot vote could be obviated. But there still needs to be an annual meeting of the owners for this purpose.
Q. A tenant of a unit owner in our association has requested to see books and records for the association concerning pest control services. Is the association required to comply?
A. No. By statute, unit owners are entitled to examine various books and records of a condominium or common interest community association that are required to be maintained by the association. Tenants are not extended the same rights. Therefore, it would be up to the board of directors of the association to decide whether or not to provide the tenant with the requested books and records.
• 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.