Q-I own a condominium unit which seems to have a cockroach problem. My tenant has complained several times and is now threatening to break her lease if the problem is not solved.
I have contacted the condominium board to request their assistance because it appears that the entire building is infested. The board representatives informed me that the association sprays the building on a monthly basis, but certain units will not give the extermination company access to the unit or are never home during the scheduled treatment.
Can the association enter units to spray for bugs if the entire building is infested? It appears that the bylaws are silent on the power of the board to enter a unit.
A-Under Section 18.4(j) of the Illinois Condominium Property Act, the board has the power to enter a unit upon reasonable notice for maintenance of the common elements and also enter the premises immediately to make emergency repairs to prevent damage to the common elements or other units.
This statutory provision authorizes the board or its agents to enter a unit to conduct infestation measures.
In a 1986 case entitled River Terrace Condominium Association v. Lewis, an Ohio Appellate Court upheld the right of a condominium board to enter a unit for spraying to exterminate cockroaches, while the Illinois Appellate Court issued a 1986 opinion in Board of Directors of Keystone Towers Condominium Association v. Graham, allowing the exterminator to enter a unit to treat and eliminate unsanitary conditions.
Thus, the board has the authority to enter a unit to eliminate the health hazard caused by infestation. The board also has the power to fine a unit owner for failing to cooperate with the board to perform this maintenance function.
Even if a resident has health concerns regarding the spraying process, arrangements should be made to perform the service in the unit because all unit owners are subject to the power of the board to maintain the property for the benefit of the entire condominium.
Q-I have lived in a development of 75 buildings with over 300 units where the unit owners recently took over the board of directors. I would like to verify the assessment calculations previously established by the developer for each of the nine unit styles in our development.
What regulations, rules or guidelines are used to determine individual assessments? I want to make sure that the assessments were determined on a fair basis.
A-Initial assessments are established by the board of directors controlled by the developer of a condominium property.
The assessments are based upon the percentage of ownership in the common elements allocated to each unit.
The percentages are computed by determining the value of each unit compared to the value of the entire property.
The developer has the discretion to determine the values assigned to each unit by considering the size, location and other factors affecting market value.
Don’t expect the assessments for each unit to be absolutely fair and precise. But there should be some relationship between assessments for units of comparable size and value.
If the developer lowered the prices of certain units, however, you will find some discrepancy between assessments of comparably sized units.
Q-A question arose over the responsibility of an electrical fire that occurred within a unit of our association. The board determined that the association was responsible and our insurance company should pay for the damages.
Our declaration states that wires situated within a unit and forming part of a system that serves one or more units are part of the common elements. The electrical fire in question started within the owner’s unit and was caused by faulty wiring from the owner’s own electrical breaker box.
Each unit has a separate electrical system and breaker box. The fire was contained within the damaged unit where the electrical power was out.
Can you give me an opinion based on these facts?
A-From your description, it appears that the fire started within the boundaries of the unit.
If the board is filing a damage claim with the association’s insurance carrier, the insurer must determine whether the problem arose in the common elements insured under the policy. The insurance adjuster must also determine the cause of the fire and identify the party who installed the defective wiring.
Thus, the insurance company could reach a different conclusion than the board as to the ultimate source of the fire.
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Mark Pearlstein, is a Chicago attorney who specializes in condominium law. Write to him c/o Condo Log, Real Estate Section, Chicago Tribune, 435 N. Michigan Ave., Chicago, Ill. 60611. Sorry, he can’t make personal replies.
