Q-Recently, our condominium building had rewiring done for our television reception. I had perfect reception before the rewiring, but now I can`t get all of the regular channels on either one of my television sets. The cable company will not come out to fix the problem unless I pay them a fee.
I have complained to the manager of the building, but he told me to contact the board of directors. The board has simply ignored my request.
The property manager said that this matter is not an association problem since only a few owners are affected by the problem.
I feel that even two people affected by the problem should be accommodated without charge. What is your opinion?
A-Since the board of directors has the sole power to enter into a cable television contract for the association, the board and the cable company must determine whether a particular service problem is covered by the contract.
If a substantial number of unit owners have a reception problem, the board must force the cable company to service this problem. If the company cannot adequately service resident problems, the board should cancel the agreement.
Q-I own a condominium unit in one of four buildings in a development. Each building has its own board of directors and representatives from each board serve as directors of a master association.
The declaration and bylaws for each condominium building contain a dollar limitation on expenditures for capital improvements that require the approval of the unit owners. The declaration of the master association does not contain a spending limitation.
Can the master association board approve expenditures of unlimited funds
(including special assessments) without the prior approval of the unit owners?
The condominium declaration for my building states that the board has authority over limited common elements, which include the balconies. While the master association has authority over the grounds and recreational facilities of the complex, this board now wants to levy a special assessment against the owners of each building to repair the balconies.
The amount of the assessment will exceed the limit which requires the approval of the unit owners.
Does the master association have the authority to assume responsibility for the limited common elements of the individual buildings? If the master association coordinates this project, does the board of each condominium association have to obtain the approval of the unit owners for this expense?
A-The board of directors of the master association only has the authority contained in the master association declaration and bylaws. If the master association document does not contain any spending limitation, the master association board can approve any expenditure for the property under its control without the approval of the owners.
Your second questions raises a different problem. The master association board members have agreed to contract for an expense for maintenance of the balconies on the individual condominium association buildings. This expense will be passed on to the boards of the associations for assessment against the unit owners.
If the balcony repair expense will result in a special assessment by the associations that exceeds the statutory limit of five times the unit`s most recent monthly assessment, the unit owners must approve the expense. The master association can purchase services for the condominium associations, but the expense levied against the unit owners is subject to the limitations on special assessments in the Illinois Condominium Property Act.
Q-When I purchased my condominium unit, no one informed me that there were restrictions on the appearance of exterior blinds. After I moved into the unit and installed a color other than white blinds, I received a notice that I was being fined.
While I paid the fine, it does not appear that this rule is being enforced evenly. Three people are ignoring the rules with pink and brown blinds on their units. Can I sue the condominium management firm for treating me unfairly?
A-It is your responsibility to review the condominium documents to determine whether there are any restrictions on the occupancy of the unit. The rule concerning exterior blinds should be contained in the declaration and bylaws or, more likely the rules and regulations of the association. If the regulations specify a particular color for the exterior appearance of a unit, all unit owners are subject to this restriction.
The board of directors has the primary responsibility to enforce regulations such as exterior color restrictions. While the managing agent carries out the regulations in the condominium documents, the board of directors has the primary responsibility to enforce the regulations.
You do not have a basis to sue the managing agent, but you should direct your objection to the board of directors regarding the rule`s inconsistent enforcement.
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Mark Pearlstein, a Chicago attorney who specializes in condominium law, writes about condos for the Tribune. Questions to him can be addressed to Condo Log, Real Estate Section, Chicago Tribune, 435 N. Michigan Ave., Chicago, Ill. 60611. Sorry, he can`t make personal replies.
