David M. Bendoff
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Lawyer passes baton on educating board members, unit ownersDec 25, 2024 6:00 am - After more than 13 years of having the privilege of writing this column, I am passing the baton. Although the column is called “Condo Talk,” it has addressed legal issues concerning the full variety of homeowner associations in Illinois; that is, condominium associations, master associations and common interest community associations.
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Lack of mortgagee information could delay amendment effective dateDec 19, 2024 3:43 pm - When does an amendment to the declaration of an owner’s association become effective? The board has discovered it will take some time to find all the mortgagee information for the required mailing.
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Board can boot absent treasurer from office, but not boardDec 12, 2024 3:46 pm - The board of our condominium is comprised of seven members. The officers of the association are a president, vice president, secretary and treasurer. The treasurer has not attended any of the monthly board meetings in about six months. Is there any law that would allow the board to deem the board member in question removed from the board due to these absences?
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Boards must follow due process to levy a fineDec 04, 2024 11:57 pm - The board of a condominium cannot simply levy a fine if it thinks there has been a violation of rules. It must follow a statutorily mandated procedure.
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How much is that doggy in the condo?Nov 27, 2024 11:06 am - Charging dog owners a fee per dog is questionable, but until a court clears up the issue, some boards appear willing to take the risk.
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Owner can record open portion of board meetingNov 21, 2024 6:30 pm - Unit owners are allowed to video record meetings, so a board should set rules for this to minimize disruptions and safety concerns.
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Who pays when water from one unit floods another unit?Nov 14, 2024 5:29 pm - A resident of a condominium unit on the third floor of our building fell asleep while filling a bathtub. As a result, the tub overflowed and damaged the drywall ceiling and walls of the unit below. Who is responsible for this damage.
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Betsy Ross flag not protected under condominium actOct 31, 2024 6:52 pm - An owner has placed the Betsy Ross flag in his window and a reader questions whether an association board can prohibit its display.
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Can a board curtail cannabis consumption in a condoOct 24, 2024 8:36 pm - A condo association can limit cannabis consumption to a degree, but it must be spelled out in the bylaws or declarations. The amount of control depends on whether it involves smoking or other types of consumption.
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Bully board president should be booted by vote of ownersOct 17, 2024 3:45 pm - The president of an association board is acting like a bully and as a result, a fellow board member says bad decisions have been made. What recourse does the board, or the association owners, have?
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