Q: A unit owner on my floor appears to be a hoarder with a repulsive stench emanating out of the unit. The offensive smell permeates the common element hallway. What rights does the condominium association have to address this issue?
A: Condominium boards absolutely possess remedies to address noxious odors emanating out of a unit into the common elements.
Condominium declarations and by-laws contain a provision prohibiting noxious and offensive activities occurring in a unit or in the common elements. Offensive odor emanating from a unit is considered a noxious and offensive activity for which the board may levy a fine to incentivize abatement per Section 18.4(l) of the Condominium Act. If the unit owner fails or refuses to abate the noxious odor, the board can file a declaratory lawsuit seeking a court order to abate the odor conditions per Section 9.2 of the Condominium Act. Also pursuant to Section 9.2, the unit owner is responsible for legal fees and costs incurred by the association enforcing the governing instruments.
Q: I live in a community association where none of the current owners are willing to serve on the board of directors. What happens when the current directors complete their terms and resign, and no owners are willing to serve on the board?
A: When a community association has no owners willing to serve on its board of directors, this will create a significant legal impediment for the association to maintain, repair and replace the common areas, pay invoices for utilities and vendors, and more importantly, procure and pay for policies insuring the common areas of the association for property damage and premises liability. In this situation, a lender or concerned owners may file a lawsuit in circuit court seeking to have the court appoint a receiver to administer the association, which would include collecting assessment income and paying bills. In fact, Illinois has an entire statue governing receiverships. This is a drastic remedy, but one that may be required if no owners are willing to serve on the board of directors.
Q: I recently purchased a parking unit in my condominium association. Do I need to purchase property insurance for the parking unit or will it be covered under the condominium association’s insurance policy?
A: Whether you need to purchase property insurance for a parking space in the condominium garage depends on the classification of the parking space. If the parking space is classified as a unit in the condominium declaration, and the declaration requires unit owners to procure insurance on units, the owner will be required to purchase insurance coverage for the parking unit just like for their residential unit. However, if the parking space is classified as a limited common element under the condominium declaration, pursuant to Section 12 of the Condominium Act, the association will purchase an insurance policy that will cover property insurance obligations of the common elements and limited common elements.
Got a question for the Condo Adviser? Email ctc-realestate@chicagotribune.com.
