Property manager must use full name

Q. As soon as the weather permits, my condominium association is planning to perform repairs to the balconies serving the individual units. The association has advised owners that the cost of repairs will be charged to the owner of the unit served by the balcony. I thought my monthly assessments pay for these repairs. Why would the cost of the repairs be charged to my unit?

A. The association is responsible for the maintenance, repair and replacement of the common elements, including the balconies, which are limited common elements (part of the common building exterior but privately used by individual unit owners). The Condominium Property Act permits the association's declaration to provide that the cost of maintenance, repair and replacement of the limited common elements can be assessed to the owner served by that limited common element. If the declaration of condominium for your association includes this language, it would be appropriate for the association to charge the balcony repair cost to you.

Q. I have been an on-site property manager in Illinois since before manager licensing. As a manager, I deal with a lot of emotional situations and hostile residents, some of whom have threatened me. To protect my privacy, I have always used a pseudonym when serving as a manager, rather than using my actual name. I obtained a community association manager license as soon as the law required it. My Illinois community association manager license is in my actual name. Can I continue to use my pseudonym?

A. A property manager must practice under the full name shown on their license. Practicing or attempting to practice under a name other than the full name as shown on the license is grounds for discipline under the Illinois Community Association Manager Licensing and Disciplinary Act.

Q. At my request, my association provided me with a copy of the declaration of condominium. The declaration refers to a "plat." What is a plat and how do I get a copy?

A. Under the Condominium Property Act, "plat" means "a plat or plats of survey of the parcel and of all units in the property submitted to the provisions of the Act, which may consist of a three-dimensional horizontal and vertical delineation of all such units." The plat is essentially a diagram of the property within the association, and of the individual units that shows the location, boundaries and dimensions of the buildings, units and common elements.

The plat is an exhibit to the declaration of condominium. If all of the exhibits, including the plat, are not included with the declaration of condominium maintained by the association, the association needs to obtain a full copy of the declaration of condominium with all exhibits from the county recorder of deeds.

Q. A candidate for the board of our condominium performs services for our association's property manager. These services are not performed to the association. Would it be a conflict of interest for a board member to be a supplier to the property management company?

A. This is not a conflict of interest, although it may be a politically sensitive issue. It is not a conflict of interest because the board member is not providing services directly to the association.

As an aside, do note that the board of managers can enter into a contract with a current board member or with a corporation or partnership in which a board member or a member of the board member's immediate family has 25 percent or more interest. However, before the board enters into the contract, the board needs to provide the owners notice of the board's intent to enter into the contract. Thereafter, owners have an opportunity to request a meeting of the owners to vote on the contract.

The situation you describe does not trigger this procedure.

• David M. Bendoff 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.