Private street always used by the public

Q. The streets in our condominium association are privately owned. However, the streets are routinely used by nonresidents to get from one side of town to the other. Frankly, the roads in our association are traveled more by nonresidents than residents of the association! This is increasing the wear and tear on the streets, and increasing costs to maintain the streets. The board has discussed this with our town leaders. The town leaders have suggested that it might accept a dedication of the streets. Can an association dedicate its private streets to the local municipality?

A. An association can dedicate its private streets to the municipality, if the municipality agrees. The streets would become "public." Each municipality's requirements for a street dedication are different. Municipalities that will accept a dedication of private streets generally require that the association first bring the roads up to the municipality's current road requirements. That can often be cost prohibitive. In a condominium, unless the declaration provides for a greater percentage, the decision to dedicate a road to a municipality requires the affirmative vote of two-thirds of the owners.

Q. I understand that the Condominium Property Act was amended regarding notices of board meetings. Can you explain?

A. Sections 18(a)(9) of the Condominium Property Act has been amended concerning notice of board meetings.

Initially, notice of every meeting of the board of managers must be given to every board member at least 48 hours prior to the board meeting. Notice can be given to a board member, by mail, personal delivery or electronically.

Notice of every meeting of the board of managers must also be given at least 48 hours prior to the meeting, or such longer notice as this act may separately require, to each unit owner who has provided the association with written authorization to conduct business by acceptable technological means, like email. Also, if the association's declaration requires that owners receive notice of board meetings, notice must be issued to each other unit owner by mail or delivery. The association's declaration would have to be reviewed to determine the manner of delivery.

As before, that section of the act also provides that notice of every meeting of the board must be posted in entranceways, elevators or other conspicuous places in the condominium at least 48 hours prior to the meeting of the board. Where there is no common entranceway for seven or more units, the board of managers may designate one or more locations in the proximity of these units where the notices of meetings shall be posted.

Addendum: The June 26 column referred to an elderly hearing-impaired resident disturbing others with a loud alarm that rings every two hours during the night. A reader, a social worker who works with people with disabilities, advises that there are vibrating alarms available to assist the hearing-impaired.

Information is available if one "Googles" the phrase "hearing impairment and alarm." So, there does appear to be devices that would assist this resident without disturbing the neighbors.

• 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.