Does mailbox use violate postal service rules?
Q. A unit owner in our association places letters and notices to the other unit owners directly into our individual mailboxes that are located in the lobbies of our various condo buildings. He does not send them through the U.S. Mail with a stamp or anything, he just slips them directly into our mailboxes. Is this permitted?
A. Technically, even though your mailboxes are located in the common element lobbies, the residential mailboxes are owned and regulated by the U.S. Postal Service.
The U.S. Postal Service Domestic Mail Manual states that “no part of a mail receptacle may be used to deliver any matter not bearing postage, including items of matter placed upon, supported by, attached to, hung from, or inserted into a mail receptacle.” In other words, the mailbox may not be used for anything other than for pieces of mail with postage attached.
The typical declaration provides that no unit owner shall permit anything to be done in the common elements which would be in violation of any law.” A unit owner’s use of the mailboxes in violation of the law would permit the board to levy a fine as a violation of such a provision in the declaration.
Keep in mind that many associations use a similar “mailbox drop” method when sending association notices to the individual unit owner. So be aware that the postal restriction on the use of mailboxes would apply to both the owners and the association. It’s another reason why associations should take the necessary steps to adopt electronic notice procedures allowed by the Illinois Condominium Property Act.
Q. The balconies in our condominium building are deteriorating quickly. The board of managers of our condominium association intends to levy special assessment to address this issue. The amount of the special assessment is significant, and the board is concerned about delinquent special assessment payments. What remedies are available to the board if an owner does not pay the special assessment?
A. In Illinois, a delinquent special assessment can be collected by the association in the same manner as a delinquent regular assessment.
Illinois law grants condominium associations strong legal remedies to collect delinquent assessments. The Condominium Act allows associations to evict an owner who does not pay assessments (regular or special), similar to how a landlord can evict a tenant for non-payment of rent. The legal proceeding, known as forcible entry and detainer, permits 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, an eviction suit is filed.
When the association obtains a judgment, the unit is then leased 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 accounts current before the time for eviction. It’s an effective remedy, but implementation should not be delayed. Collection should be implemented whenever an owner is delinquent for 60 days, in order to avoid the potential impact of a mortgage foreclosure.
A fond farewell
Jordan Shifrin, the original contributor to the Daily Herald’s community association law column, passed away last week at the age of 76.
Jordan was a close mentor, colleague and friend of mine. His commitment to enjoying life and helping people was a great example for me and many of us at KSN. He will truly be missed.
• 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.