Questions about garage door rules
Q. I heard a story on the news about a homeowners association in California that fined owners for keeping the garage door of their unit closed during the day. This was apparently intended to combat owners who allowed people to live in the garage of their units. I'm curious as to your take on this.
A. I read a story about this as well. Apparently, an association adopted a rule requiring owners to keep their garage doors open during specified daytime hours. This was intended to discourage owners from allowing persons to live in the garage of their unit. The association then levied a fine for a violation.
When a client proposes to do something (let's be kind) "unusual," I ask them: "How would this look on the six o'clock news?" The board involved in this situation apparently did not do that.
In Illinois, a rule must be "reasonable." Given the reasons why a garage has an overhead door, I question the reasonableness of a rule that requires a garage door to be kept open. Notably, it is fairly common for associations to adopt rules requiring garage doors to be kept closed except when the occupant is entering/exiting the garage. This is done for legitimate security and aesthetic reasons.
I am confident there are a variety of local laws and ordinances that prevent people from living in the garage of a unit. Seeking enforcement of those would seem to have been a better way to handle this situation than the adoption of this questionable rule.
Q. Can a unit owner examine and receive a copy of an association's reserve study on demand?
A. The association's reserve study is not among the books and records expressly required to be made available to a unit owner for examination and copying. It would generally be within the board's discretion to provide the reserve study to an owner. Of course, the concern as to what is in a reserve study that is being withheld from an owner may create a storm of speculation and controversy not worth the denial.
Q. Ours association is self-managed; however, we do have an on-site manager. No one can locate a copy of the contract between the association and the manager, and a question has come up as to whether there ever was a written contract. What should we do?
A. The relationship between the association and the on-site manager should be memorialized in a written agreement. The association should have its attorney prepare a contract if one cannot be located. This protects both the association and the manager, and will reduce the likelihood of confusion and misunderstanding over the role of the manager and as to other important details of this relationship.
Q. The same people are elected to the board of our association year after year, unopposed. They are nice people. Yet, the owners in our association have, in general, been dissatisfied with the work of our board for many years. What can we do to change the way things are done around here?
A. This is more of a political issue than it is a legal issue. And it is an issue I hear about frequently. That said, the short answer is that if you have like-minded fellow owners, you and they need to run for and be elected to the board! Given the apparent sentiment of the community, it should not be difficult to accomplish. This will, however, require the owners to take an active part in their community. But the current situation will continue if other owners are not willing to step up and participate in the governance of the association.
• 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.