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Judgments must be disclosed to potential buyers

Q: Our condominium association has been cited on numerous occasions with building code violations that require actual court appearances. Do these matters need to be included in the 22.1 disclosure?

A: The 22.1 disclosure, which is required to be delivered by the association to a prospective condo purchaser on request, must include "a statement of the status of any pending suits or judgments in which the unit owner's association is a party." A suit filed by the municipality against the association to address building code violations needs to be included in the 22.1 disclosure.

Q: The declaration for our association requires leases to be for a minimum term of 12 months. Does a lease that either automatically renews for 12 months or that continues month-to-month at the end of the initial one-year lease term violate the declaration?

A: The leases, as you describe them, would meet the requirement in the declaration that each lease be for a minimum of 12 months. In each case, the initial lease term is for 12 months. Note that if the declaration imposed a maximum lease term, as many do, these leases could potentially run afoul of that sort of a restriction.

Q: I have been a resident of my townhouse complex for many decades. The complex is served by a master television antenna system, and this is set forth in the association's declaration of covenants. The board has submitted, for homeowner approval, a proposed amendment to the declaration to permit the board to remove the master antenna system.

Can the master antenna system be removed, or does the Federal Communications Commission require a townhouse complex to provide either a master television antenna system or basic cable system for the residents?

A: The association's declaration can be amended to permit the board to remove the master television antenna system.

The FCC does not require an association to provide either a master television antenna system or basic cable system. However, owners could obtain cable or a satellite dish on their own, and the association could not prohibit that, although it can set reasonable rules on the placement of satellite dishes and individual television antennas.

Q: The declaration for our condominium association does not refer to the windows for the units. Who is responsible for their replacement?

A: Pursuant to Section 4.1(a)(2) of the Illinois Condominium Property Act, windows in perimeter walls are deemed part of the common elements. The association is responsible for maintenance, repair and replacement of the common elements, as well as the resulting expense, pursuant to Section 18.4(a) of the Act (there may be an exception if damaged by an owner).

However, if your declaration includes the specific language permitted by Section 9(e) of the Act, the board could assess the cost of maintenance, repair or replacement of a limited common element (such as a deck or window used solely by the individual unit owner) to the owner of the unit served by that limited common element. I do need to stress, because this is often misunderstood, the authority to charge these limited common element costs to an owner must be expressly set forth in the condominium declaration.

• 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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