Board should decide who keeps office keys
Q: Our self-managed association has an on-site office. Association books and records are stored in the office. After a hotly contested election where most of the board members were replaced, the former board members did not return their keys to the on-site office. The new board president had the lock changed on the office door, and he currently has the only key. Should all board members be provided a key to the association's office?
A: Which board members are provided a key to the office should be a decision made by the board in a board meeting. In my experience, some associations provide an office key to every member of the board, and other associations only provide office keys to the officers who may need access to the association's records to perform their duties. That doesn't mean other board members can't have access to the office, as may be needed.
Q: I recently moved into my condominium association. I have a few issues I would like to address with the board. I was introduced to one of the board members and when I asked for the mailing address of the association president, I was advised that such information is not provided to owners. Shouldn't I be provided this information?
A: The identity and mailing address of the principal officer of the unit owner's association, or of the other officer or agent as is specifically designated to receive notices, should be provided to every owner.
Q: I serve on the board of condominium associations in both Florida and in Illinois. In Florida, certain felons are not permitted to serve on a condominium association's board of directors. Is that the case in Illinois?
A: It is my understanding that the Florida condominium act specifically prohibits certain felons from serving on a condominium board. The Illinois Condominium Property Act does not address this issue, and essentially provides that any unit owner is eligible to serve on the board.
That said, there may be circumstances where a person's conviction may impair the association's ability to procure fidelity insurance if that person is on the board. That should be discussed with the association's insurance agent, and legal counsel if such insurance could not be obtained.
Q: During the pandemic and its related restrictions, we have had a significant number of owners in our homeowners' association keep wood-burning fire pits on their balconies and patios, inches away from the wood siding. The board has adopted rules prohibiting these fire pits and issued a letter to all owners demanding that those fire pits not be used and they be removed immediately. Can the board to this?
A: The board has the right to adopt reasonable rules concerning the use of the property. Many municipalities prohibit open flames so close to combustible portions of the property, and many property insurance companies would have an issue with these fire pits. The bottom line is that a rule prohibiting open flame of a fire pit on a balcony does not on its face appear unreasonable.
• 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.