Can condo association charge for copies of documents?
Q. I recently requested copies of our condominium association’s monthly financial statement. My request was initially denied, until I provided the board with a copy of Section 19 of the Illinois Condominium Property Act. My request was then granted; however, I was advised I would have to pay $10 for the two-page document. I contend this is being charged to discourage owners from making requests for these documents, as the association doesn’t charge for copies of other books and records. Can the association charge me for these documents?
A. Yes, the association can charge the requesting owner. As you note, Section 19 of the Illinois Condominium Property Act governs the examination and copying of books and records by owners. That section addresses the charges that can be imposed on owners. Section 19 states that the association may charge the actual cost to the association of retrieving and making requested records available for inspection and examination to the requesting member. If an association’s property manager charges the association to retrieve books and records, this sum could be charged to the owner. If a member requests copies of records, the actual costs to the association of reproducing the records may also be charged by the association to the requesting member. Copy charges would be an example of this. That said, it may be difficult for an association to justify a flat fee for retrieving and providing copies of books and records, if the sum does not reflect the above criteria.
Q. I live in a condominium development that has retention pond in the middle. This pond is full of floating and exposed debris. I contacted my condominium association about removing these items from the pond. The board responded that it created a work order to have the garbage removed from the pond. The board of my condominium then advised me that this is not their responsibility, and that I should contact the master association board. The master association has responded that this is the responsibility of my condominium association, and not the master board. As a result, nothing is being done and the pond remains an eyesore for the community. What should be done here?
A. Determining whether the condominium association or the master association is responsible for the pond should be relatively straightforward, based on the governing documents/plats of survey for each association. I would suggest that either or both associations seek a legal opinion from counsel familiar with association law. If there is still some uncertainty, I would suggest that the boards of the condominium and the master association work together to come to an agreement on this issue. This might be accomplished via something as simple as a letter agreement, or might require an amendment to the appropriate governing documents.
Q. What if the board does not adopt an annual budget before the start of the new year?
A. The typical provision of an association’s declaration or bylaws provides that if the budget is not adopted by the beginning of the new year, the monthly assessments would continue at the then-existing amount until the budget for the new fiscal year is adopted. Once a new budget is adopted, any change in assessments for the full year would be spread over the remaining months of the new fiscal year.
• 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.