Q–I live on a private street in an unincorporated village. While the village provides snowplowing and police protection, it does not repair the streets.
A homeowners association was formed 24 years ago to make repairs to common areas, including the streets. There is nothing in any deed of a unit owner requiring them to belong to the association. The board maintains that every owner must join the association and pay dues. The board also claims they have the legal right to file liens and charge collection costs.
Is this what the law says?
A–If you live in a homeowners association, it was created by a declaration. Every deed for a home in the association contains a reference to the declaration. This reference means that all purchasers are subject to the terms of the document. The declaration requires payment of assessments for common expenses. Presumably, the declaration also entitles the association to file liens for non-payment of assessments.
If the association chooses to become a common interest community, by a resolution of the board of directors, the board will also have the right to evict residents for non-payment of assessments.
To understand the workings of your association, it is essential that you read the declaration and by-laws. Particularly for a homeowners association that is not a condominium, the declaration is the key reference for understanding the powers and limitations of the board of directors.
Q–I am on the board of a small condominium association. We have a waiting list for the indoor parking garage.
One unit owner is leaving for a year and wants to rent his unit and his garage parking space. The board has told the owner that he must give up his space to someone on the waiting list. However, I read somewhere that a renter must be treated equally to a unit owner. Therefore, isn’t the renter entitled to the garage space that the owner secured after being on the waiting list?
Will the unit owner be entitled to a space upon his return?
A–The tenant of the absent unit owner cannot rent the space if the garage is part of the common elements. The parking space assignment policy is set by the board of directors.
The Illinois Condominium Property Act prohibits dual classes of unit owners. Thus, resident and non-resident owners should be treated equally under the parking rules.
If the parking rules provide that moving out of the building is a basis to forfeit a space, then the next eligible applicant on the waiting list, whether a resident or non-resident, should receive the space.
Upon his return, the absent owner may obtain a place on the waiting list for a future parking assignment.
Q–As a unit owner in a 30-unit building in the northern suburbs, I received a notice of our annual meeting. The notice contained a proxy, but the proxy only provides for the association treasurer to vote in place of the unit owner.
We also checked our bulletin board for the names of persons on our nominating committee or slate proposed by the board. No such information has been posted.
Also missing from our bulletin board are lists of meetings of the board or the master board in our complex. Are these omissions legal?
A–The proxy does not comply with the requirements of the Illinois Condominium Property Act. Under Section 18(a) of the Act, the proxy must state the name of an alternate proxy holder, so as to allow the owner to designate someone other than the board’s selection to cast his or her vote. The proxy must also contain the names of all announced candidates. Section 18(a)(18) of the Condominium Act states that unit owners may direct the proxy holder to vote for specific choices.
The use of a nominating committee is of limited value. The board is not permitted, under current law, to endorse a slate of candidates. The board is also not required to post notice of board meetings more than 48 hours in advance. For both condominium and homeowner associations, notices of board meetings must be sent to association members by mail or delivery at least 48 hours prior to the meeting.
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Mark Pearlstein is a Chicago lawyer who specializes in condominium law. Write to him c/o Condominiums, Real Estate Section, Chicago Tribune, 435 N. Michigan Ave., Chicago, Ill. 60611. Sorry, no personal replies.
