Articles filed under Bendoff, David

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Articles filed under Bendoff, David

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?
Property manager is allowed to own unit in the building

Jun 23, 2023 7:00 AM - Q: Our association is professionally managed. The manager assigned to our property by the management company is an owner of a unit in our association. Can the property manager for our association also be a homeowner in the association? Wouldn't this be a conflict of interest? A: The property manager assigned to the association by the management company can be an owner in the association. This is not a common situation, but it does happen occasionally. It is not a conflict of interest.
Money from clubhouse rentals should lower assessments

By David M. Bendoff
Jun 16, 2023 6:00 AM - Q: Our common interest community association includes a large clubhouse. The declaration permits the association to lease the clubhouse to third parties for events. Would the income from these third-party events have to be distributed to the members of the association?
Unit owners may vote to allow board compensation

Jun 9, 2023 6:00 AM - Q: We are looking for ways to attract owners to run for the board of our condominium association, and "money talks." Can condominium board members be compensated for their service on the board of directors?
Unit owner is allowed to see association work contracts

By David M. Bendoff
Jun 2, 2023 6:00 AM - Q: Our condominium association hired a pest control company to perform seasonal spraying of the buildings for wasp and bees. I witnessed what to me was unacceptable work. I would like to know exactly what is expected for each building and if balconies are included. Shoddy work should not be tolerated. Can I request the contract for the above work from the board or management company?
Property management can require requests via the web

By David M. Bendoff
May 26, 2023 7:00 AM - Q: The board of our association, in conjunction with management, has implemented a procedure whereby all requests for service must be submitted to the management company through its web portal. I emailed a board member with an ongoing maintenance problem. Rather than suggest it would be handled, she directed me to use this procedure. Isn't this a breach of the board member's fiduciary duty?
Association's bylaws often are imbedded within its declaration

By David M. Bendoff
May 19, 2023 7:00 AM - Q: I am a new board member for my condominium and realized we do not have a separate document called "bylaws." We only have a document called declaration of condominium. Is that going to be a problem?
Including lawyer in emails is no substitute for an open meeting

By David M. Bendoff
May 12, 2023 7:00 AM - Q: I understand that a quorum of the board of a condominium can consult with the association's legal counsel without having an actual board meeting. If the board members "cc," or include, legal counsel on e-mail discussions among all the board members, regardless of the topic, can the board avoid holding a board meeting?
Nine-member board should consider reducing its size

May 5, 2023 6:00 AM - Q: The declaration for our association provides for a nine-person board. It also expressly provides for a quorum of five board members. Due to resignations, board members who have sold their units, and a lack of interest among owners to serve on the board, we now have only a four-member board.

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