How much is that doggy in the condo?
Q. The board of our association adopted a rule imposing an annual $250 fee on residents for each dog kept in a unit. I have two dogs, so this is a significant amount per year. The reason given by the board for this charge is that dogs cause damage to common elements (e.g., hallway carpets), so the dog owners should be responsible for those expenses. This seems unreasonable. Can the board impose this fee on dog owners?
A. The validity of these charges, separate and apart from the annual budget/monthly assessment, is uncertain and questionable in Illinois. Dog owners will contend that the budget/monthly assessment is intended to take into consideration all the anticipated expenses of the association and, if a particular dog is responsible for damage, that should be charged to the owner of the dog. Associations will argue that it is not a simple matter to determine what dog caused damage.
However, unless and until the appellate court says otherwise, many associations appear willing to accept the risk posed by this uncertainty and will continue to impose this and similar charges. At minimum though, there should be a relationship between the costs incurred by the association for damage done by dogs and the charge to the owner.
Q. There are three board positions to be elected at our upcoming annual meeting. At the time of the upcoming annual meeting for our condominium, there is one year left on the two-year term of a board member who resigned. Do the owners vote to fill the one-year remaining portion of the two-year term, or is the person elected to fill the vacancy elected for a new two-year term? If the former, which candidate is elected for the one-year term?
A. Per the Illinois Condominium Property Act, at the upcoming annual meeting, the owners will vote to fill the remaining one year of the two-year term. The person elected will not be elected to a two-year term. This maintains the staggered board terms. The person receiving the fewest votes of the persons elected to the board at the upcoming annual meeting would be the one to serve the remaining one year of the two-year term. That should me made clear to the owners/candidates.
Q. The board of our condominium is finalizing the 2025 budget. In reviewing the actual 2024 expenditures for common element maintenance and repair, actual expenditures for many items exceeded what was budgeted. Overall, 2024 budgeted expenses were kept within the budget. Did the board need owner approval to spend more than what was budgeted for these maintenance and repair items?
A. The board did not have to obtain an owner vote on this issue. Budgets are planning tools and a very useful guide for the board. In reality though, actual expenses can be higher or lower than budgeted for a particular budgeted category. In general, a board can spend more than is budgeted for a particular item. However, to keep from operating at a deficit, and the potential need to levy a special assessment to cover the shortfall, the board may likely have to spend less than budgeted in another budget category.
Q. Owners are permitted to attend the board meetings of our condominium. These meetings are mostly held via video, so we get a large turnout. However, owners are not able to pose questions to the board or comment on matters being discussed by the board. Is this legal?
A. The board’s practice is proper. The purpose of a board meeting is to conduct board business. It is not a meeting of the owners of the association. Owners do have a right to attend open board meeting. However, owners do this as observers. Owners do not participate in discussions at board meetings and do not have a right to ask questions of the board.
That said, unit owner forums have become custom and practice at many board meetings. Further, they are required for common interest community associations.
These owner forums are intended as a general comment period for owners. A specific amount of time could be allocated at the meeting (beginning or end) for this purpose, and a specific amount of time allocated to each speaker. The amount of time should be relative to the length of the meeting, and it should take up a relatively short portion of the meeting. The time limit should be announced at the beginning of the forum. Otherwise, the board may leave the unintended impression that an owner is being arbitrarily cut off when time expires.
If an owner has anything substantial to address with the board, the owner should contact the board in advance so that the matter can be formally placed on the agenda, if appropriate.
• 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.