David M. Bendoff
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Law doesn’t mandate that rule changes be considered separatelyOct 10, 2024 7:37 pm - The law doesn’t mandate it, but it would be best for boards to present proxies that allow owners to vote separately on each suggested unrelated rule change.
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Board members, not property managers, must file under transparency actOct 03, 2024 8:30 pm - Board members for associations are facing a Jan. 1, 2025, deadline to register with the federal government under the Corporate Transparency Act. Some are worried that there’ll be a lack of owners willing to be board members because of this requirement.
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Privacy issues arise with release of contact informationSep 25, 2024 9:41 pm - A board must maintain contact information for all owners, and in turn must make that information available to owners who request it for a purpose relating to the association. This can cause privacy concerns for owners, who may choose a workaround for protection.
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Violation fines should come after written notice and hearingSep 19, 2024 6:00 pm - Is your board handling violation fines properly? Illinois law allows the board to levy a fine for a violation of the declaration or rules, after providing written notice of a violation and an opportunity for a hearing. Further, the decision to levy a fine must be made at an open board meeting.
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Detail of year-end fund reports in questionSep 12, 2024 12:32 am - A board needs to furnish a year-end report of receipts, expenses and the reserve fund. But does it need to break down how the reserve fund was used?
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Board members need to comply with transparency actSep 04, 2024 11:00 pm - Board members of community associations are required to disclose information to comply with the Corporate Transparency Act.
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Mortgagee information obtainable, one way or anotherAug 25, 2024 7:27 pm - Though unit owners may be reluctant to freely share mortgagee information because of privacy concerns, that information isn’t private and is needed by an association.
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‘Holiday’ lights in dispute with homeowners’ associationAug 22, 2024 6:59 pm - A reader was fined $100 for white miniature lights on a balcony, under the “holiday lights” homeowners’ association rule. What recourse do they have?
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Board could ask owner to use a water detectorAug 15, 2024 7:59 pm - One owner has repeatedly allowed water leaks to damage other units. Can the board require the owner to install a water detector to prevent future problems?
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Should smokers be grandfathered if smoking rule changes?Aug 06, 2024 3:14 pm - We are considering amending the declaration to prohibit smoking anywhere on the property, including in the units. Do current “smokers” need to be grandfathered in the amendment?