Can parents intervene?

Q: The board of directors of our association issued a notice of violation to the 21-year-old sole owner of a unit, in connection with the owner's violation of the association's noise rules. The unit owner's parents have been contacting our management company, insisting that the board deal with them about this matter, and that they be permitted to attend the violation hearing on their son's behalf. Must the board allow this?

A: The association only needs to deal with the owner of the unit, and is not required to deal with the non-titleholding parents of the owner. An exception would be if the parents were attorneys at law, or if they have been appointed the legal guardian of their son by a court of law.

Similarly, the board does not have to allow the parents to attend the rules violation hearing (unless the above described exceptions apply) or unless the parents are eye witnesses to the incident that gave rise to the issuance of the notice of violation. Otherwise, mom and dad are going to have to let their son put on his big boy pants and deal with this matter like the adult he is supposed to be.

Q: The board of our condominium association approved the annual budget at a board meeting. The budget includes some very specific line items for some very specific projects. The board has received and is now reviewing proposals for budgeted projects and within the budgeted amount. Because the board already approved the annual budget that includes these projects, does the board have to approve moving forward with the work at a board meeting?

A: The board can review the proposals for this work separate from a board meeting and without notice to the owners. However, the board must vote to approve proceeding with the specific project and contract for the project at an open meeting of the board for which proper notice is provided. The approval of the annual budget that includes particular projects does not itself constitute approval of the actual work and actual contracts for budgeted projects.

Q: I am a little confused about the condominium budget approval process. Doesn't the board have to hold a meeting of the owners to discuss the budget before the board can adopt the budget?

A: You may be confusing the rules adoption process with the annual budget adoption process. The rules adoption procedure does require the board to hold a meeting of the owners to discuss proposed rules, before the board can hold a board meeting to adopt the rules. Unlike the process to adopt rules, the board is not required to hold a meeting of the owners to discuss the proposed annual budget.

The board of the condominium association adopts the annual budget and assessment at a board meeting. Each unit owner in the condominium must receive a copy of the proposed annual budget at least 25 days prior to the adoption of the budget by the board.

However, notice of such a board meeting is different from the notice of a typical board meeting. Each owner in a condominium association must receive notice of any meeting of the board concerning the adoption of the proposed annual budget in the same manner as is provided for notice of meetings of the owners. That means that written notice of the board meeting concerning the adoption of the annual budget by the board must be mailed or delivered giving unit owners no less than 10 and no more than 30 days' notice of the time, place and purpose of the board meeting. Both the copy of the proposed annual budget and the notice of the board meeting to adopt the budget can be sent together, if timed correctly.

• 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.