Q–Last June, the paint and plaster in the ceiling of our unit began to fall after several heavy rains. Construction workers examined the ceiling and recommended that we not repair the ceiling until we were certain that the damage was not due to structural problems on the building exterior.
Based upon that information, we have tried to get our condominium association representatives to have professionals review our unit and the building. The property manager refuses to communicate with us.
Finally, two directors and the association president inspected the damage last month, noted that the problem has gotten worse since the summer, and determined that a professional opinion was warranted.
Now the president has refused to say when he will arrange for a tuckpointing contractor to inspect the building exterior. The rest of the board has refused to get involved in this matter, because the president was chosen to resolve the problem.
All we want is a reliable opinion about the cause of the deterioration in our ceiling before we invest money to patch and paint the unit. Can you recommend a next step? We cannot afford an attorney.
A–Your situation is typical of the aggravation a unit owner may encounter if the board is not diligent in managing the condominium property.
The board controls the common elements of the building. In your case, the directors have appeared to delegate responsibility for this problem to the president.
Try to arrange a specific date for the inspection of the building exterior by a qualified engineer. If you cannot arrange for a specific inspection date, repair the ceiling damage and ask the association for reimbursement because the problem was caused by deterioration of the exterior common elements.
If the problem recurs, fix the unit again and ask for additional reimbursement. If the association refuses to pay your expenses, file a lawsuit in small claims court to collect the repair costs.
There are no state or local organizations that monitor the actions of condominium associations.
Q–I live in a four-building condominium with a total of 80 units in the northwest suburbs. Last summer, our board decided to install new carpeting and wallpaper in all the common areas of each building. This project was done without a vote of the owners. The board has levied a special assessment for this year and next year, to cover the expense.
Two years ago, the owners voted to reject this redecorating project. This year, the board went ahead and signed contracts without owner approval.
Our bylaws state that any additions or alternations to the common elements or association owned property, not included in the annual budget, may be charged to the owners as a separate assessment; but they require prior approval of two-thirds of the ownership.
Our management company says that the board’s actions were proper and are in line with state rules governing condominiums. Management also said state law takes precedence over our by-laws. I would appreciate your comments.
A–Your managing agent is correct. The new carpeting and wallpaper will replace existing decorating in the common elements. The project is not an alteration or addition which may require prior approval by two-thirds of the unit owners.
Under revisions to Section 18.4(a) of the Illinois Condominium Property Act, replacement of any portion of the common elements does not require prior approval of the ownership. However, if common element replacement projects cost more than 5 percent of the annual budget, 20 percent of the owners may petition for a vote.
Based on the provisions of Section 2.1 of the Condominium Act, state law regarding ownership approval for assessment increases and spending supersedes any contrary provision in your declaration and bylaws.
Q–When I bought my condominium last August, I was told by my real estate agent that dogs were welcome in the building. I told the agent that I have a mixed-breed German shepherd, and was assured that my dog would be grandfathered into the association.
Recently the dog had an accident in the common elements, which I cleaned up immediately. Even so, the board of directors and managing agent are pressuring me to get rid of the dog.
I don’t think the accident is the issue–it’s the size of my dog. If I had been told that no dogs over 30 pounds were allowed, I would not have moved into the building.
I am a 75-year-old widow and the move from my house to the condominium was not easy. The dog is my companion. She does not bark excessively, and many seniors in the building enjoy petting and talking to her in the hallway.
I believe that I have been deceived and was lied to about moving into the building with the dog; all because an agent wanted a commission on the sale of the condominium.
A–While I empathize with your problem, you cannot blame the agent.
A condominium unit owner cannot rely upon the representations of a real estate salesperson regarding restrictions in the association. You or your attorney must read the declaration and bylaws and the rules and regulations of the association before purchasing the unit to determine whether association regulations are consistent with your lifestyle. The greatest cause of unit owner problems is the failure to read condominium documents.
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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.
