Emergency contact info for occupants at issue
Q. I am on the board for my condominium association. We require information about who owns a unit and/or who will be living in it. Our manager says we cannot require unit owners or renters to provide emergency contact information, such as someone to call in the event the owner/renter can’t be reached and an emergency issue arises with their unit. Is this correct? Is there a law that prevents us from requiring emergency contact information?
There is no statute or case law in Illinois that specifically prohibits a condominium association from requesting emergency contact information from the owner or tenant(s) of a condominium unit. In fact, Section 18(n) of the Illinois Condominium Property Act specifically requires an owner who is leasing their unit to provide a copy of the written lease to the condominium association. Moreover, the Act authorizes a condominium board to adopt reasonable rules and regulations with respect to the use of any condominium unit within the association. This includes rules concerning the leasing of units. Basic emergency contact information for a unit owner and/or their tenant is clearly a reasonable rule as long as it is properly adopted by the condominium Board.
Q. An increasing number of units in our condominium association are delinquent in the payment of their assessments. Can the condominium board really evict the unit owner for nonpayment of assessments?
A. Yes — Illinois law allows condominium associations to pursue a court order and evict an owner who does not pay assessments, similar to how a landlord can evict a tenant for nonpayment of rent. The legal proceeding, known as forcible entry and detainer, permits a judge to enter an Order allowing the association to take possession (not ownership) of a delinquent owner’s unit. The process is initiated by sending a statutorily required notice and demand to the owner. If the owner does not pay within a specified period of time, an eviction suit is filed. When the association obtains a judgment or court order for monetary damages and possession of the unit, the association can lease them to a third party, and the rent received is applied to the payment of outstanding assessments and other charges and the association’s attorney’s fees. When the owner’s account is brought current, the owner can request the court to return possession of the unit to the owner. Most owners bring their assessment account current before the time for eviction. This is a very effective legal remedy available to Illinois condominium associations. But implementation should of an eviction suit should not be delayed. The condominium association should have a standard policy whereby collection measures are initiated whenever an owner is delinquent for 60 days. This “collection policy” will assist the association in avoiding the potential financial impact of a mortgage foreclosure on the unit.
Q. Owners in our condominium association are told that they are welcome to attend open board meetings. However, when owners attend, we are not allowed to speak until the board meeting has adjourned. Are there laws governing this?
A. In all community associations, board meetings are for the purpose of conducting association business. While owners are permitted to attend board meetings and observe (whether in person or via electronic meetings), boards are not required to permit owners to actively participate in the board discussion at the meeting. However, Illinois Common Interest Community Association Act (which applies to most townhouse and homeowner association) requires a board to reserve a portion of the meeting for comments by the unit owners (typically called a “homeowners forum”). The duration of the homeowner forum and the time it takes place within the board meeting is within the sole discretion of the board. Surprisingly, the Illinois Condominium Property Act does not contain such a requirement for a unit owner forum during board meetings. It is a good idea, however, for a condominium board to set aside time during their open board meetings for unit owners to ask questions or make comments.
• 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.