Articles filed under Bendoff, David

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Articles filed under Bendoff, David

Meetings allow board, not unit owners, to discuss association business

By David M. Bendoff
Sep 15, 2023 6:00 AM - Q: Owners in our association are told by the board they are welcome to attend board meetings. However, the owners who do attend board meetings are instructed they are not allowed to speak. The board does allow a short period of time after the board meeting is over for owner comments. Are there rules governing this?
No exemption to condominium law for small associations

Sep 8, 2023 6:00 AM - Q: We are a small, self-managed condominium association. Complying with the provisions of the Illinois Condominium Property Act is extremely burdensome for us. Does the Illinois Condominium Property Act apply to all condominium associations, or is there some minimum number of units that is required to make the condominium association subject to that law?
Unit owners must keep condo association active

By David M. Bendoff
Aug 25, 2023 6:00 AM - Q: Our (self-managed Illinois) condominium association is comprised of eight units. Our declaration requires three to be board members. What would happen if we were unable to fill one of the board positions? In the most extreme case, what would happen if none of the eight owners were willing to fill a role and we had no board members?
Flood insurance required of owners

BY DAVID M. BENDOFF
Aug 18, 2023 6:00 AM - Q: Our condominium currently has $15 million in flood insurance. The new FEMA flood map shows a portion of the common element parking lot is in the flood zone. Owners with a mortgage are being told they have to purchase additional flood insurance.
Association must keep unit keys under lock and key

BY DAVID M. BENDOFF
Aug 11, 2023 7:00 AM - Q: It has become increasingly necessary for our condominium association to go into units on an emergency basis to address common element issues. We are thinking of requiring owners to keep a unit key with the association so we can get access to units without damaging a door. Are we stepping into a liability trap?
Board is lax in collection of assessments

BY DAVID M. BENDOFF
Aug 4, 2023 7:00 AM - Q: Our condominium board has a collections problem. There is one unit in arrears of $4,000. No legal actions have been taken and our property manager doesn't do a good job of getting timely payments.
Who is supposed to fix garage doors in townhouse associations?

Jul 23, 2023 7:00 AM - Q: I live in a common interest community association with townhouse-style units. The declaration and bylaws do not expressly provide that the association is responsible for maintenance, repair or replacement of garage doors (other than painting of the exterior), and this appears to be a unit owner responsibility.
A cause, or breach, needed to terminate service contracts

By David M. Bendoff
Jul 14, 2023 6:00 AM - Q: About 15 years ago, the developer of our condominium association entered into a five-year contract with a service provider that automatically renews for additional five-year terms. The contract just renewed. The board found another reputable company that will do the same work for substantially less cost. What can we do to terminate our existing agreement?
Condo association is not a charitable organization

By David M. Bendoff
Jul 7, 2023 7:00 AM - Q: An owner in our condominium would like to donate landscaping to the association, and has requested a receipt for the landscaping. He and other owners have volunteered to install the landscaping. Can the association accept this donation, and should owners be permitted to install the landscaping?
Pandemic restrictions should be revisited by the board

By David M. Bendoff
Jun 30, 2023 6:00 AM - Q: Our common interest community association is exempt from the Illinois Common Interest Community Association Act. The bylaws for the association provide for voting in elections for the board in one of two ways; either in person or via proxy. Nonetheless, the board conducted the annual meeting entirely via "Zoom," without any in-person component. Was this proper?

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