Unit owner should pay electric bill for charging station
Q: Currently, the association pays for the electricity that serves the detached garages used by unit owners. Each garage consists of four interior parking spaces with dividers. If an owner wants to install a charging station for an electric vehicle, how does the association address the issue of paying for the electricity?
A: Many associations address this issue by requiring the owner with the charging station to pay to have a submeter installed. The owner is then charged by the association for electricity based on the submeter readings. All of this should be set forth in a written agreement between the owner and the association, and recorded if appropriate under the circumstances.
Q: I am the owner of two units in a condominium. I am in the process of having the units combined into a single unit. The association's attorney is preparing the necessary amendment to the declaration of condominium to accomplish the unit combination. This would include a revised plat of survey page for the declaration of condominium to show the combined unit. The attorney has advised the association that he needs a "Mylar" original, and several copies, of the revised plat of survey. What is a Mylar original plat?
A: Mylar is a clear, polyester film. A surveyor prepares the revised plat of survey on Mylar, and then paper copies are made from the Mylar. A surveyor will immediately know what you are referring to when you describe what you need. If possible, it can be more efficient and less expensive if the revised plat of survey page is prepared by the surveyor who prepared the original plat of survey exhibit for the declaration.
Q: Three board members for our five-member board will be elected at the annual meeting for our association that is coming up later this year. The owners are very upset about some decisions the board made this year. The "whispers" indicate we are going to have a historic number of candidates run for the board. Is there a maximum number of owners who can run for the board?
A: There is no limit as to the total number of owners that can run for the board. Note though that in an Illinois condominium or common interest community association, if there are multiple owners of a single unit, only one of the multiple owners is eligible to serve as a member of the board at any one time, unless the unit owner owns another unit independently.
Q: Our condominium association typically adopts the annual budget in November of each year. This year, for a variety of reasons, it looks like the budget won't be adopted until December. What is the latest date a condominium can adopt the annual budget?
A: The Illinois Condominium Property Act does not describe the date by which the annual meeting is to be adopted. Typically, though, the declaration of condominium describes the date by which the annual budget needs to be adopted. Keep in mind though that owners must receive a copy of the proposed annual budget at least 25 days before the budget will be adopted by the board at a board meeting. Also, written notice of the board meeting where the board will adopt the annual budget must be given to owners at least 10 and not more than 30 days before the board meeting to adopt the budget. With a little planning, both the proposed budget and the notice of the board meeting where the board will adopt the budget can be issued together.
• 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.