Q–I bought a duplex penthouse condominium and, as you might expect, problems have developed. Whenever I need board approval, it takes 30 or even 60 to 90 days. Is there anything that requires the board to respond in a more timely manner?
I have a patio on the upstairs portion of my unit. The windows leak and the roof under my patio deck also leaks into my unit.
I always thought windows and roofs were structural elements, but the building manager states that these areas are my responsibility. Is there an easier way than litigation to change the board’s mind?
A–As for the delays in board action, the Illinois Condominium Property Act requires the board to make most decisions at an open meeting. While the law only requires the board to hold four meetings a year, many, but not necessarily a majority, of condominium boards, meet every 30 days.
To respond earlier than 30 days requires a special meeting of the directors called on 48 hours’ notice.
If you supply the board with the required information to make a decision, most actions can be taken within 30 to 60 days. It also is possible for the board to make a decision by unanimous written consent, which is a procedure allowed for not-for-profit corporations.
Generally, windows are limited common elements. Depending upon the language of the declaration, window repairs may be your responsibility.
The roof is part of the common elements and usually is the responsibility of the association to maintain and repair. When your patio deck was installed on the roof it affected the structure of this portion of the common elements. Determine whether there was an agreement between the owner who installed the deck or between you and the association for the maintenance of the roof beneath the deck.
The usual agreement between associations and roof deck owners is that the owner maintains the deck and pays the cost of removing and reassembling the deck for roof repairs. However, the roof repair cost itself is performed and paid for by the association.
Based on the classification of the deck and windows, there may be nothing to litigate. A specific license agreement between a roof deck owner and the association would clarify the understanding for maintenance of the deck and the roof surface below.
Q–Please enlighten me about a problem I am having as a condominium owner. I am trying to determine who is legally responsible for repair work needed to restore my bedroom after damage caused by water seepage from the outside.
The water seepage was due to a faulty foundation and bricks on the exterior side of the building. The seepage problem was finally corrected in April.
The board has continually denied responsibility for repairs in our bedroom. The understanding among our unit owners is that the board should be responsible for unit damage that is caused by external faults or defects.
The association is relying upon a legal opinion which states that the declaration makes the bedroom area our responsibility.
A–The board is correct. From the language you enclosed, which is found in most declarations, the association is responsible for repair and replacement of the common elements, while the owner is responsible for maintenance and repairs of decorating within a unit.
For this reason, unit owners should have insurance coverage for loss or damage to furnishings caused by defects in the common elements. Unless the association and its board were negligent in maintaining the common elements, this division of responsibility governs repair costs between the association and the unit owners.
Time’s up
Condominium board meetings often exceed reasonable time limits and the patience of a saint. It is difficult to justify a board meeting that is more than two hours in length. To assist association boards in running more efficient meetings, the Community Associations Institute has issued a new book entitled Conducting Meetings: A Guide to Running Productive Community Association Board Meetings.
The text describes techniques to keep board meetings productive and efficient. By controlling excess verbiage and maintaining order using parliamentary procedure, board meetings can become more focused and productive. To order Conducting Meetings, call CAI at 703-548-8600 or access the World Wide Web at www.CAIonline.org.
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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, he can’t make personal replies.
