Condo tenant caught stealing packages
Q: One of the tenants of a condominium in our association was clearly captured on a security camera video taking packages of other residents from our mail area. What action can the board take against the tenant?
A. The actions of the tenant can constitute the civil act of “conversion” and the criminal act of “theft.” The board can initiate the process of terminating the lease between the owner and the tenant, on 10 days’ written notice, if the tenant has violated the association’s declaration or rules. The alleged conduct here would violate a commonly found provision of a declaration that prohibits anyone from engaging in noxious or offensive conduct, or conduct that violates the law.
Before issuing the notice of termination of the lease, I would suggest that the board provide both the owner and the tenant with written notice of the violation and provide them with an opportunity for a hearing. If, after the hearing, the board finds that the violation did occur, the board could then issue the 10-day notice of lease termination. If the tenant fails or refuses to voluntarily vacate the unit, the association could file an eviction lawsuit.
The cooperation of the residents whose packages were taken by the tenant will be essential to the success of both the hearing held by the board as well as any eviction suit. Similarly, the video will be important evidence and needs to be preserved. The residents who were the victims of this conduct should also have reported the incidents to local law enforcement.
Q. The parking spaces in our association are actual condominium units. The association recently restriped the parking area and my space is slightly smaller and has been moved over a few feet, making it difficult for me to get in and out of the space. Did the board have the authority to change my parking space as it did here?
A. A parking space that is a condominium unit has legal boundaries and dimensions like other real estate. If your parking spaces are “units” as opposed to assigned parking spaces, the plat of survey attached to your association’s declaration of condominium will identify the location of each parking space unit and its dimensions. The restriping of the parking space units in the parking area needs to conform to the plat of survey. The board would not have the unilateral right to detour from the location or size of the parking space units as shown on the plat.
If the parking spaces are actual deeded units, then there may be a serious problem if the restriping of the boundaries of the parking space units deviated from the dimensions contained in the plat of survey.
Q. I am in the process of buying a unit in a homeowners association. What should I do to make sure that the assessments owed by the current owner are paid in full by the closing?
A. You can request the seller to have the association provide you with an assessment status letter, through the date of the closing (often referred to as a “Paid Assessment Letter). The assessment status letter shows that all assessments are paid in full through the closing date.
However, if the assessment status letter shows that there are assessments due, seller’s proceeds at closing should be used to pay off that balance and a check cut to the association at closing. This should be a routine matter if the closing takes place with a title company.
• 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.