I live in a luxury high-rise. Most units are occupied except for the penthouses, which are nearing completion. While one of the penthouses was under construction, the owner, who happens to be a principal in the development company, altered the pattern of his windows. So, there has been a significant change to the facade that has ruined the uniform appearance.
This change appears to be an explicit violation of association rules. Short of litigation, what options exist to correct this?
On a somewhat related matter, I have incurred a minor fine for an infraction regarding my pet. I refuse to pay this fine on the principle that the association is not enforcing the most serious of infractions, namely the exterior modification. Am I out of line?
An owner may obtain the written consent of the board to alter the common elements. With supporting language in the declaration, a developer may modify the common elements to conform to the construction of the building. The member of the development group may have obtained board consent or exercised his right to make construction-related alterations. The board may ask the owner to justify the window appearance.
Your must pay the fine for the pet violation. Owners may not ignore certain rules as a protest against a perceived inconsistency in enforcement.
One of the units in our building has a stream of children, teenage and adult visitors. It appears that this unit has become a place of temporary housing for many of them. We are concerned about building security, because many of the visitors have keys. The board has talked to the owner and written letters asking for a meeting, to no avail. Recently, we updated our regulations to include a schedule of fines. Are there any other ways for the board to intervene in this situation?
If the owner will not meet with the board to clarify the resident situation, the board can sue on the basis the owner is using the unit for transient purposes. The declaration should prohibit transient use so the owner cannot operate the unit as a hotel or a rooming house.
I live in a townhouse association that is legally considered a condominium. The board is asking residents to provide their mortgage company contact and detailed information concerning loans. Management has sent a letter stating we are required to provide this information under the Illinois Condominium Property Act. Is this true?
Section 22.1(c) requires a unit owner to advise the association of the identity of a lender. This section states that within 15 days of the recording of a mortgage, the owner must inform the board of the identity of the lender, with an address at which the lender can receive notices from the association. The statute does not require the owner to disclose detailed information, such as the loan number or amount.
I am a unit owner in a self-managed condo. About two years ago, two board members got into a spat that resulted in a slander suit. The court ruled that the defendant did indeed defame the plaintiff, and ordered him to pay $5,000, plus attorneys’ fees.
The plaintiff has since resigned from the board. The defendant is still a board member. Without a meeting, but with the approval of the other board members, the former defendant has stated this judgment should be paid from the association’s assessment fund. Is this legal?
Absolutely not. Defamation suits are disputes between individuals, and the judgment entered by the court should have been against the individual and not the association.
Association funds should not be used to pay the judgment. Owners should attend the next board meeting and advise the directors of this.
Perhaps it also is time for some professional supervision of your association.
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Special contributor Mark Pearlstein is a Chicago lawyer who specializes in condominium law.
