Q–For more than 20 years I have rented out a condominium I own, encountering no problems with the building’s board of directors. But in recent months, things have changed.
When I called the president of the association and advised her that new tenants were moving into the unit and that I would need keys for the lobby door, she demanded that the new tenants receive an orientation from one of the board members.
This news was given to me by the president at the last minute, only a few days before the new tenants were slated to move in. So the orientation meeting never took place.
Imagine my chagrin when, in short order, I received notice that I was being fined $200.
I believe the board should have made an exception in this case because my earlier tenants took part in such an orientation session after they moved in.
I feel very strongly that the board members aren’t being fair to investors and that they are prejudiced against renters. Is there anything I can do to stop this type of behavior?
A–Both the directors and investor owners must comply with the condominium documents. Orientation sessions for tenants are valid if such a requirement is reflected in the rules and regulations of the building.
The board has a right to expect reasonable notice before an individual moves into a unit. This particularly is true when it comes to maintaining security. Knowing the identity of a new occupant is important to the association.
Thus, it is not reasonable for you to expect the board to schedule a meeting with tenants on a couple of days’ notice.
Orientation sessions are intended for the benefit of the landlord. Under Section 18(n) of the Illinois Condominium Property Act, the unit owner is responsible for any violation of association rules caused by a tenant.
In your case, however, the fine imposed by the board of directors may not be valid if the board failed to give you notice and an opportunity for a hearing. There is no indication from your letter whether you were given this procedural notice.
Q–Several years ago, I bought an apartment in a high-rise building on Lake Shore Drive. During the last several years, there has been a noticeable decline in the cleanliness of the public areas, including the lobby.
Our reserve account has a balance of over $2 million, yet unit owners have no input into how this reserve money is spent.
Large sums have been spent for landscaping and overhauling the elevator, but the front lobby decorating is piecemeal, uncoordinated and unattractive.
Requests to the board and management to clean the public areas and repair exercise equipment have been ignored.
There is a monopoly of four board members out of seven who control the building. One member of this group is always up for reelection.
As long I have a financial investment in this building, how do I proceed to protect the maintenance of the public areas and avoid a decline of my investment?
A–You can’t solve the problem alone. A group of owners who agree with your position should first send a letter to the board of directors requesting better maintenance or expenditures of reserve funds for lobby redecorating.
If the board does not respond, 20 percent of the owners may petition the directors for a special meeting to discuss this issue. Most importantly, pool your votes at the next annual meeting to elect a new director who will support your priorities for building maintenance.
Q–Last spring, I was a candidate for the board of directors of our condominium association. It was a very close election, so I wrote to the board requesting to see a copy of the list of owners who received ballots as well as a copy of the ballots.
I wanted to check the ballots that were counted against the ballots that were given out.
My goal was to make sure that these two items of information corresponded and that the percentages added up, indicating ballots were distributed correctly.
I received a letter from the board of directors denying my request. The letter stated that under the Illinois Condominium Property Act, the only records available to unit owners were ballots and proxies.
Because we have a secret ballot election process, the position of the association attorney was that I was only entitled to see the ballots.
However, I don’t see why obtaining a list of ballots distributed at the election would infringe on the privacy of any residents. It would not give me a clue as to how anyone voted. Am I entitled to the material I requested?
A–The position of the board of directors is correct. Under changes to the Illinois Condominium Property Act, the board can adopt a secret ballot election process which only entitles you to inspect the ballots that were cast and counted.
You may be entitled to a list of unit owners’ names, addresses and percentage of ownership. Beyond that additional item of information, the secret ballot process, stated in Section 18(b)(10) of the Illinois Condominium Property Act, properly restricts your access to the voting documents.
The rationale for this secret ballot process is to protect the privacy of unit owners.
———-
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, he can’t make personal replies.
