Condo board can restrict drones on property
Q: Drones seem to be everywhere these days. However, our association has only recently had to deal with a resident who flies one at the association, often close to people and units. This has resulted in numerous complaints from other residents. Can the board restrict these drones on our property?
A: A "drone" is generally an unmanned aircraft guided by remote control. Associations can consider the adoption of appropriate rules to address the use of drones, particularly by residents who use drones for hobby or recreational purposes.
Because of health and safety concerns, space constraints and privacy concerns (as it seems many drones have camera/video), we have seen associations go so far as to prohibit residents from operating a drone from, onto, into or over the association's common elements. Other associations, with more open space, have identified locations on the property where drones can and cannot be flown.
Q: Our entire condominium property is being sold, and the buyer is turning it into a rental apartment property. I had no choice, and I really don't want to move right away. Is the buyer required to permit me to lease my unit back?
A: This transition is the result of the owner-approved sale of the property as set forth in Section 15 of the Illinois Condominium Property Act, and the buyer appears to be removing the property from the act's requirements as permitted by Section 16 of this law. The Act does not require the purchaser of the property to permit an owner to lease their unit back from the buyer.
That said, it is not uncommon for the contract concerning the sale of the entire condominium property to permit an owner to lease their unit back from the buyer for some period of time - often at a below-market rate of rental. Even in the absence of a requirement in the contract, the buyer may want to lease units back to former owners. This benefits both the former owner and the buyer in that residents are not forced to leave abruptly, and it permits the buyer to have instant cash flow from the property.
Q: In our association rules violation hearing, should the person making the complaint against the owner be present in person at the hearing, or can the board simply rely on a completed complaint form from that person?
A: No Illinois appellate court has opined on this specific issue. However, the statutorily required due process, and the concept of a "fair hearing," may certainly lead a court to rule that the accused be able to face his or her accuser live at the hearing and not simply respond to a written complaint.
Q: A number of owners in our condominium association frequently request copies of certain documents. Can we limit this?
A: If an owner's request for books and records satisfies the requirements of Section 19 of the Illinois Condominium Property act, the books and records must be provided to the owner for examination and copying.
However, the actual cost to the association of retrieving and making requested records available for inspection may be charged by the association to the requesting member. This assumes, for example, that management charges a fee to retrieve books and records.
In addition, if a member requests copies of records, the actual costs to the association of reproducing the records may also be charged by the association to the requesting member. If a request is significant enough, both in terms of the time necessary to retrieve the books and records and the actual amount of books and records to be copied, the association could certainly require payment in advance.
• 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.