Q-I am a member of a townhouse association with more than 100 units. For the last three years, I have been unable to inspect the minutes of homeowners` meetings. Although I have repeatedly sent written requests to the board, the directors have always voted to deny me access to the minutes. What can I do to obtain these documents?
The garages on our property back up against the townhouses. Only the garages at each end of the building have a brick wall. I do not have a brick wall on my garage, but I am being forced to pay for tuck-pointing the end garage walls that belong to other unit owners. Although I paid the charge under protest, what can I do to recover my money?
At each annual election, the board of directors solicit proxies from the owners. However, proxies given to one board member are often voted by another director without revoking the first proxy. Is this legal?
A-You have an absolute right to inspect minutes of the homeowners`
meetings. I assume that your townhome association is an Illinois Not-For-Profit Corporation.
Under Section 107.75 of the Illinois General Not-For-Profit Corporation Act, members of the corporation have a right to inspect the organization`s books and records for a proper purpose. The books and records would include minutes of the owners` meetings.
If your townhouse association was formed after Sept. 21, 1985, it is also a common interest community. Under Section 18.5 of the Illinois Condominium Property Act, which is applicable to common interest communities, unit owners have a right to inspect and receive copies of minutes within 30 days of the request.
In either case, you have a basis to file a lawsuit against the board for failing to deliver copies of the association minutes. If your association is a common interest community, you may also recover attorneys` fees and costs for this litigation.
If the garage walls are defined as common areas, you must pay for the repair of the walls for the two end units. The condition of those end garage units affects the appearance of the property and you cannot be excluded from paying a common expense simply because the areas to repair do not touch your particular garage.
Proxies can be voted only by the person to whom the proxy was given by the townhouse owner, and can only be revoked by the owner who issues the proxies. Proxies cannot be assigned because the owner has designated only one person to cast his or her vote. The proxy holder does not have the power to assign the owner`s vote to another person.
Q-As an insurance broker who deals with condominium associations and management companies, I need some clarification regarding fidelity bond requirements. It appears that the most common form of fidelity insurance is an employee dishonesty bond which excludes officers of the company covered under the policy. What is the value to an association of a fidelity bond covering a managing agent that excludes the officers of the agent?
A-Your question raises a frequent exclusion by insurance companies to fidelity bond coverage. Section 18(g) of the Illinois Condominium Property Act requires a managing agent to maintain a fidelity bond to protect funds of its client associations in the custody of the agent.
If an association suffers a loss arising from the actions by the principals of the managing agent, the association should be covered under the agent`s bond. If the loss was caused by an employee of the agent, that person had custody of association funds. The fidelity bond provision of the Condominium Act does not distinguish between coverage for losses caused by an employee, officer or owner of the managing agent.
To comply with the law, managing agents should produce a fidelity bond for their association clients that does not contain an exclusion for its employees, officers or owners.
Q-I own a condominium in a 48-unit complex. I have two problems with the board of directors.
First, the board has not obtained a snow plowing contract. I think our association should have this service because most of our residents are senior citizens and it is dangerous for them to walk through snow and ice.
I believe that most condominium bylaws require this service and wonder whether the board is violating their duty to the owners by not obtaining a snow plowing contract.
Second, the owners are paying enough money for maintenance and we also do not get enough hot water for laundry machines. Can I force the board to increase the level of hot water for the clothes washers?
A-Snow plowing is a service normally provided by condominium associations for common-area roads and walkways. For the safety and convenience of residents, the board should provide for this service in the association budget.
While condominium bylaws often given the board authorization to obtain snow plowing service, a property owner is generally not responsible for injuries resulting from natural accumulation of snow and ice. Thus, the board may be liable to a resident who is injured by negligent removal of snow and ice.
Your dissatisfaction with the level of warm water for laundry machines is not a valid criticism of the board. The board cannot satisfy every need or preference of individual unit owners.
If association operations satisfy the needs of most owners, individuals not content with a particular aspect of the service have to accept the operation as the standard for the community.
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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.
