The January question: How long can holiday decor stay up?

Q: How long must an association allow owners to display holiday decorations?

A: Overall, Illinois law does not provide any specific, maximum amount of time for displaying holiday decorations within community associations.

Some municipalities have ordinances concerning holiday decorations and displays, which should be reviewed. Many associations simply adopt reasonable rules and regulations for decorations. For example, it is common for an association’s rules to require removal of holiday decorations within 30 days after the holiday.

Q: We are a small, self-managed condominium association and our board has not yet started the paperwork for the Corporate Transparency Act filings. It’s been difficult to determine whether we should begin the process or simply wait until the courts or federal agencies have made a final determination? What are your thoughts?

A: This is certainly a common dilemma for boards given the legal wranglings that have been involved with this regulation. With enforcement deadlines now uncertain, it’s important for community association board members to monitor this legal situation (either through their legal counsel or through the FinCen website (fincen.gov).

For boards that have not yet filed their initial reports, it is prudent to, at least, continue gathering the necessary board member information and be prepared to forward it (if you’re using a third-party professional) or file it promptly if and when the deadline is established.

Q: The original percentages of ownership in condominium common elements for each unit do not seem to be correct. If so, how can we change the percentages?

A: First, the board has to confirm that the percentages are, in fact, incorrect. Often, the association’s counsel will be able to do that. The Condominium Property Act states that the developer must determine the percentages of ownership by taking the value of each unit in relation to the value of the property as a whole (practically speaking — the initial unit listing sale prices).

Once the percentages are established by the developer, they cannot be changed without 100 approval of all unit owners and mortgage holders (unless otherwise authorized by the Act in unique circumstances).

Exceptions include if the total percentage interest does not add up to exactly 100% or if there is an error or omission in regard to the values. If a correction is necessary, two-thirds of the board or a majority of unit owners can amend and correct the percentages of ownership pursuant to the Condominium Property Act.

Q: Our condominium building is small and old, and all the parking spaces seem to be deeded to individual unit owners. For the new parking accessibility law for individuals with disabilities (new Section 18.12 of the Condominium Act), how do we deal with a situation where a disabled owner requests a change in parking location?

A: Preliminarily, the law first requires the board to adopt a proper procedure for simply considering proper parking accessibility requests. This must be done by April 25, 2025. That part is relatively easy, and your association’s counsel should be able to assist. Next, the situation that you describe will likely be difficult to navigate. A disabled owner can request parking accessibility even if there exists only deeded parking spaces (though it is somewhat unusual to not have any guest or common element parking spaces). In that situation, the law requires the board to make “reasonable efforts” to facilitate such requests. This may include parking space exchanges between owners. But, there is very little additional guidance as to what constitutes “reasonable efforts” by the board. For some associations, real-world compliance with this new law is going to require creativity, flexibility and understanding on the part of other owners and the association.

• Matthew Moodhe 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.