Q–Being the vice president of a 348-unit condominium association is never easy, especially when it comes to discussing the rules and regulations.
We have quite a number of people who do not read or speak English very well. When the unit owners get a letter from the association, it may have important information such as notice of a violation or a fine. But I am not sure that many residents understand these letters.
Not helping matters has been our association president, who said to me was that if people live in America, they should learn to speak and read English, and that was the end of the discussion.
Nowhere in our declaration and bylaws, rules and regulations does it state that these documents must be in English only. I was quite taken aback by the president’s comment, and have considerable concerns about our liability or chances of success to enforce our regulations. How should the board approach this problem?
A–This is one case where practical considerations are more important that strict legal requirements.
Illinois law does not require that the condominium board prepare or explain association documents in a second language. However, to avoid enforcement issues and create a better community, it is worth the effort of the board to obtain the assistance of a translator.
The board may find that it is money well spent to prepare a version of the rules in a foreign language or contact a resident who speaks both languages to explain the rules and a violation to an owner who is not fluent in English.
One of the major goals of a community association is to have the ownership understand and respect the operation of the association and the authority of the board. Accordingly, the board should make certain adjustments to effectively communicate with the residents.
Q–Although our association bylaws state that no more than four people may reside in a two-bedroom condominium unit, we know for a fact that there are six people living in one unit.
Some directors feel that a court would not rule in our favor. In fact, they worry that the association could be charged with discriminating against families.
To avoid this problem, can we require owners to complete a form that states if the information they provide is not truthful, the association can force the sale of the property?
A–Provisions in a recorded document, such as the association bylaws, are presumed valid and binding on unit owners. The board of directors may enforce a limitation in the bylaws on the number of persons who can occupy a unit. Enforcement remedies include a fine or injunction to prevent the owners from permitting an unlawful number of occupants in a unit.
The board should require new residents to identify in a written statement the names of individuals who will reside on the property.
Your declaration and by-laws should contain a provision in the remedies section of the document that permits the board to sell a unit if the owners continually violate association regulations.
Q–My downstairs neighbor is always complaining to the board of our large suburban condominium association about squeaking floors in my unit. After conducting a walk-through inspection, the board, through its attorney, demanded that I fix my floorboards to eliminate the noise.
While the directors claim that my floors are causing a nuisance, they are unable to provide any documentation defining this term. They also have refused to hire a structural engineer to determine if the problem lies with the structure.
I tried to fix the problem by tightening the floorboards, but that does not appear to have satisfied the directors or my neighbor.
Can you explain nuisance law as it relates to this situation?
How does the board determine who is responsible for specific elements of the property? What reasonable action can the association board require me to take?
A–In the context of a condominium association, a nuisance caused by noise problems is defined as noise that is unreasonable to an average person in a particular situation.
The board must also consider whether the noise problem is an inherent construction defect in the building or caused by deliberate action or failure of you, as a unit owner, to comply with association rules.
The responsibilities for maintaining specific elements of the property are contained in the declaration and bylaws. This recorded document should classify the major areas of the property and specify that the association is responsible for maintaining the common elements, the owner is responsible for maintaining the unit, and the board or the owners are responsible for maintenance of limited common elements.
As for the floorboards, they are part of your unit and, thus, you are responsible for repair and maintenance of these areas.
If, in the judgment of the board, you have made a reasonable attempt to repair the floorboards, and the problem was not caused by your construction, the actions of the directors are limited.
One alternative is to require you, as the upstairs neighbor, to place carpeting over major traffic areas. In any case, the board should not hold you responsible for noise caused by a construction deficiency in the building.
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Mark Pearlstein is a Chicago lawyer who specializes in condominium law. Write to him c/o Condominiums, Real Estate News Section, 4th floor, Chicago Tribune, 435 N. Michigan Ave., Chicago, Ill. 60611. Sorry, he can’t make personal replies.
