Association designation
Q. When I moved into my association, I submitted a written request to the association for approval to replace my front door, and I described the replacement door as white in color. The association approved my request to install a white front door at a board meeting, and a board member signed the form where it indicates the request was approved. I then installed the white door. The association's rules apparently require that the front door of the units be a brown color. The declaration does permit an owner to make alterations with approval of the board. Over a year after I replaced the door in accordance with my approved request, another owner has reported me to the association, claiming my door is noncompliant with the rules. The association wants me to paint the door brown. Must I?
A. There are a variety of equitable defenses that may be available to you under these circumstances that would permit you to keep the white door. An appropriate resolution to this dispute might be to permit you to keep the nonconforming door, or have the association pay for a new conforming door or to have the current door painted.
Q. We are trying to figure out if the umbrella association in our community is a "master association." Our development is comprised of three underlying common interest community associations. None of the underlying associations is a condominium association. There is an umbrella association, comprised of all of the members of the three underling associations. The umbrella association takes care of things like snowplowing and landscaping for the three underlying associations. The umbrella association has the words "master association" in its name. We think the umbrella association is a master association. Are we correct?
A. Section 18.5 of the Illinois Condominium Property Act governs "master associations." It provides that "if the declaration, other condominium instrument, or other duly recorded covenants provide that any of the powers of the unit owners associations are to be exercised by or may be delegated to a nonprofit corporation or unincorporated association that exercises those or other powers on behalf of one or more condominiums, or for the benefit of the unit owners of one or more condominiums, such corporation or association shall be a master association."
If at least one of the underlying associations here were a condominium, then the umbrella association would be a "master association." However, because none is a condominium association, the umbrella association here is not a master association. Depending on various factors, the umbrella association here may also be a common interest community association, governed by the Common Interest Community Association Act.
Q. Our association abuts a single-family home that is not part of the association. The single-family homeowner's trees are planted close to the property line between our association and his home. In a recent storm, branches from the neighbor's trees damaged the gutter of our building, and one large branch came crashing down to the ground on the association's property! What can the association do about this?
A. The issue concerning tree encroachments is the subject of case law in Illinois. Your association does have rights and remedies if tree branches from adjacent private property are encroaching on the association's property and causing a dangerous condition. If the adjacent land owner does not trim the branches back to at least the property line, after a written demand, the association may be able to trim the trees on its own and seek reimbursement from the tree owner. If the association is not comfortable using the "self-help" remedy if the adjacent land owner fails to comply, the association could file suit to require the owner of the adjacent property to trim the encroaching tree branches at the tree owner's expense.
The above also applies to roots of trees that encroach on to the property of another.
• 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.