Articles filed under Bendoff, David
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Barking issues can result in fines for owner
Feb 27, 2021 7:00 AM - Q: Like so many people, I have been working from my condominium unit during the COVID-19 pandemic. I have noticed a lot of owners in our association have dogs. During the workday, any number of different dogs may start barking.
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Association likely must pay to restore garage
Feb 20, 2021 7:00 AM - Q: I live in a condominium association. The roots of a tree located on the common elements of the association have damaged the concrete slab of the garage floor of my unit. Who is responsible for repairing the damage to the concrete slab?
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First condo board given opportunity to end long-term contracts
Feb 13, 2021 7:00 AM - Certain long-term contracts entered into by the developer may be canceled by the association. A provision in the law was enacted to deal, to some extent, with long-term "sweetheart" contracts between a developer and entities created by a developer.
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Real estate agent can serve on the board
Feb 6, 2021 7:00 AM - Q: A real estate agent serves on our condominium association board. This real estate agent lists many units in the building, serving as an agent for unit owners in the association. Does this board member have a conflict of interest that would prevent him from serving on the board?
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When a board can rule on an issue without owners' approval
Jan 30, 2021 7:00 AM - Q. Under what circumstances must a declaration of condominium or its covenants be amended with owner approval versus when can the board alone adopt a rule to restrict leasing or pets, or to address other issues?
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Law supersedes declaration for insurance purposes
Jan 23, 2021 7:00 AM - Q: A water leak from a pipe in a unit damaged many units and the common elements in our condominium building. The insurance carrier has indicated that its coverage responsibility is limited by the antiquated language in our declaration of condominium. The board of directors of the association understands that language in the Illinois Condominium Property Act would greatly expand the insurance carrier's responsibility to cover the damage.
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Board must not ignore its maintenance duties
Jan 16, 2021 7:00 AM - Q: The board of our condominium association frequently puts issues to a poll of the owners, even when the decision is solely within the jurisdiction of the board. Recently, owners were questioned about a significant common element repair project. A majority of the owners "voted" against it, as they don't want to spend the money.
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Association cannot hold raffle to raise money
Jan 9, 2021 7:00 AM - Q: Our not-for-profit condominium association is short on funds for a couple of common element maintenance and repair projects. The board wants to hold a public 50/50 raffle in order to raise funds for this work. Can we do this?
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Condominiums are spoke on real estate cycle
Jan 2, 2021 7:00 AM - The Illinois Condominium Property Act was adopted in 1962 and was effective July 1, 1963. It is my understanding that the first declaration of condominium was recorded on July 31, 1963, in Cook County. It's been "off to the races" since then.
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Board is allowed to sue developer
Dec 26, 2020 7:00 AM - Q: Our condominium association was recently turned over from the developer. An engineer retained by the board has identified numerous construction defects that will be expensive to repair. Negotiations with the developer broke down, and it looks like the association is going to file suit against the developer.
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