Associations can enact fire pit regulations
Q: Because more people are entertaining themselves at home during the COVID era, many residents in our association have acquired portable fire pits they place on the patios outside of their units. Some seem dangerously close to the building. Can the board regulate the use of the fire pits?
A: Boards of associations routinely regulate the use of open flames like barbecue grills, so it should not be a surprise that the use of portable fire pits and fire tables can be regulated, as well.
Some associations prohibit the use fire pits because there is no safe location given the configuration of the buildings. Other associations permit fire pits, as long as certain fire prevention safety requirements are met. For example, I am familiar with rules that require a person 18 years old or older be present, that the fire pit must be at least 25 feet away from combustible materials including the building, and there must be a sufficient source of water nearby to extinguish the fire.
Many municipalities regulate "open flames" like fire pits, so the local ordinances for your community should be reviewed for guidance as well.
Q: The board of our association is considering hiring a resident to be a handyman for small maintenance tasks around the property. This person would be paid on a per job basis, and would be an independent contractor and not an employee. Do you see a liability issue here in hiring a resident?
A: There are no different liability issues raised here than with any other independent contractor relationship. There should be a written agreement between the association and the independent contractor. The independent contractor should be required to have appropriate insurance. In an abundance of caution, some associations will maintain workers' compensation insurance, just in case the person is injured and is determined to actually be an employee.
The association should speak with its insurance agent about this issue, and as to the types and amounts of coverages to be maintained by the independent contractor. The association would issue a Form 1099 for any payments it makes to this maintenance person.
Q: The board of our self-managed condominium association has dealt with an enormous number of issues, volunteering a huge amount of time, all arising from COVID-19 issues this past year. Can the board members be paid a one-time "bonus" payment?
A: The Condominium Property Act provides that the bylaws of the association need to address the compensation, if any, of the members of the board. A typical provision of a condominium association's bylaws provide that board members serve without compensation, unless approved by some specified percentage of the owners. You would need to review the bylaws for your association to see what they say on this issue.
Q: The board of our association has been collecting proxies for more than a year in connection with a vote on an amendment to the association's declaration. A meeting is about to be called to vote on the amendment, and ballots will be cast using the proxies, some of which are over a year old. Are these proxies still valid votes?
A: A proxy for a condominium or a common interest community association is valid for 11 months from the date it is signed by the owner, unless the association's declaration or the written proxy itself provides otherwise. Both the association's declaration and the proxy need to be reviewed to determine if they provide that the proxy is valid for more than 11 months. If they do not include this language, the proxies that are older than 11 months from the date they were signed by the owner could not be used. The association could ask those owners to provide a new proxy.
• 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.