Q: I live in a high-rise condominium building, and recently, a no-gun sign was posted in the entry lobby window of the building.
Does the posting of the sign require board approval, and how does this affect residents’ ability to keep a concealed weapon in their units?
A: Pursuant to the Firearm Concealed Carry Act, a property owner may post a specific design of a no-gun sign at the building entrance. In a condominium context, the board of directors must approve such sign posting and adopt applicable rules.
The Concealed Carry Act expressly allows residents with concealed carry licenses to store a firearm in their homes and vehicles. Thus, in a condominium context, the association cannot prohibit residents with concealed carry licenses from using the lobby or hallways to take a concealed firearm directly to or from their units.
Even so, an association can prohibit firearms in common element amenities or at association events.
Q: Our condominium association was sued by an individual who slipped and injured herself on our common elements. Our association has general liability insurance coverage, but an insurance deductible must be paid.
Can the board pay the insurance deductible with reserve funds?
A: Section 9(c) of the Condominium Act requires budgets to provide for reasonable reserves for capital expenditures and repair or replacement of the common elements.
If the condominium declaration or bylaws mirror such restrictive language on the use of reserve funds, the board may not use the funds to pay the insurance deductible.
Even so, many declarations provide for broader use of reserve funds, including unexpected contingencies, in which case the board may be able to use reserve funds to pay the insurance deductible.
The board may always pay the insurance deductible from the operating account without question.
Q: In my condominium association, the declaration restricts ownership of garage units to ownership of a residential unit in the association.
Several years ago, a residential unit owner sold his residential unit and kept title to his garage unit so he has a place to park in the city.
Can the board force the unit owner to sell the garage unit?
A: Provisions in a condominium declaration that restrict ownership of garage units to owners of residential units are valid and enforceable.
The association board should send a demand to the unit owner to sell the garage unit to a residential unit owner within a reasonable time.
If the garage unit owner refuses to do so, the board may file a declaratory lawsuit seeking a court order to force the sale of the garage unit.
Pursuant to Section 9.2 of the Condominium Act, the unit owner will be responsible for the association’s legal fees and costs when the association prevails in the litigation.
