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Preventing board election problems

Q. Our association permits candidates for the board to be nominated from the floor at the annual meeting. This has created problems when the nominee isn't present at the meeting, gets elected and then advises that they do not want to serve. Any suggestion how we can prevent this problem?

A. The board should adopt rules and regulations governing elections. This can include a requirement that any person nominated from the floor must be present at the meeting to accept the nomination, or that some minimum effort (like a phone call) be undertaken to contact the person to confirm he or she accepts the nomination, before the voting is scheduled to begin. And of course, the board should be confident that the nominee is an owner or otherwise eligible to serve on the board, when that person is not a present.

Q. The board of our association is making arrangements for maintenance of the swimming pool. We are concerned about the operational expenses. Does the association have to have a lifeguard on duty?

A. Association pools are generally governed by the Illinois Swimming Pool and Bathing Beach Code. The code provides that a lifeguard must be provided at all association swimming pools that allow bathers 16 years or younger to enter the pool area (not just the pool) without a responsible person 17 years or older present. The parent or guardian of each person younger than 17 is permitted to submit written permission to the association's board allowing their child to enter the pool area or swim without either a lifeguard or a person 17 and older being present.

All swimming pools that do not provide a lifeguard must post and enforce the following rule: "No person may enter the pool area alone or swim alone." The code includes a number of relevant rules and regulations that are applicable. The board of any association with a pool should review and adhere to them.

The board should also speak with its insurance agent or broker about whether the association's policy includes any conditions or requirement for operation of a swimming pool.

Q. I am closing on the sale of my condominium unit, and I requested the association to provide me with an assessment status letter. The board stated that it will provide the assessment letter once I bring my account current. I plan to pay off my assessment balance from the proceeds of the sale of my unit. Can the board withhold the assessment status letter?

A. Section 18(i) of the Illinois Condominium Property Act is applicable here. It states that "upon 10 days notice to the manager or board of managers and payment of a reasonable fee, any unit owner shall be furnished a statement of his account setting forth the amount of any unpaid assessments or other charges due and owing from such owner."

The board cannot withhold the statement of account until the account balance is zero. The amount of the unpaid assessments or other charges due and owing from such owner, through the date of closing, should be set forth in the assessment status letter. Absent a mistake or some unusual situation, a title company handling the closing of the sale should pay the outstanding sum set forth in the assessment status letter to the association from the proceeds of the sale. The assessment status letter should include a mailing address where the check can be sent.

If for some (rare) situation the proceeds are not forthcoming from the sale (or otherwise delivered to the association), the association's lien would survive the closing, and the new owner would acquire the unit subject to the association's lien.

• 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.

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