Q: I am a unit owner in a Chicago condominium association and my monthly assessment statement includes separate line items for cable service and internet service. I have not watched cable TV for years and prefer to stream my content. I feel I should not have to pay for cable service as part of my assessments because I don’t use it. The condominium board has not been receptive to eliminating the cable service. Do I have any recourse?
A: Section 18.4(o) of the Condominium Act expressly grants a condominium board of directors the right to enter into cable television services and high-speed internet services on a bulk basis, meaning an identical basic service package and equal cost per unit. Bulk cable and internet services are common amenities in high-rise buildings at significantly discounted cost for both cable and internet.
Unit owners are responsible for bulk cable and internet charges assessed on their monthly assessment ledger whether they use the service or not. This is identical to the fact that unit owners are responsible for their pro rata share of the budget cost for any amenity or service even if that amenity or service is not used.
Q: I am a unit owner of a townhouse that is actually a townhouse unit pursuant to a condominium declaration. All of the grass areas surrounding the townhouses are common elements. Our condominium declaration states the association must maintain, repair and replace the common elements; however, the board of directors recently adopted new rules and regulations stating that landscaping planted in the common elements adjacent to a townhouse is the unit owner’s responsibility to water, and if the planting dies, the association will charge the unit owner for new plants. Is this valid?
A: Section 4.1(b) of the Condominium Act enshrines the hierarchy of validity of governing provisions between inconsistent governing documents. Section 4.1(b) states in the event of a conflict between the provisions of the declaration and bylaws and other condominium instruments, such as the rules and regulations, the declaration prevails. Further, it states in the event of an inconsistency between the Condominium Act and the declaration and by-laws, the Condominium Act prevails.
Therefore, the condominium board cannot adopt rules that are directly inconsistent with the provisions of the condominium declaration and bylaws. Such rules are unenforceable. If the board wants to shift maintenance, repair or replacement obligations under the condominium declaration, the condominium declaration itself must be amended. A mere revision to the rules and regulations cannot amend the declaration.
Q: I am a board member of a small, self-managed condominium association and the board needs to adopt a special assessment of a significant amount for a roof replacement. Some unit owners are upset and are stating that the board is required to obtain unit owner approval to adopt a special assessment to replace the roof. Is this accurate?
A: Pursuant to Sections 18(a)(8) and 18.4(a) of the Condominium Act, a condominium board of directors may adopt a special assessment to maintain, repair or replace existing common elements without a unit owner vote or approval and without a capital expenditure limit. Generally speaking, if a special assessment is more than 115% of the previous years’ assessments, unit owners may initiate a series of steps to reject the special assessment as set forth in Section 18(a)(8); however, if a special assessment is deemed an emergency under the Condominium Act, then unit owners have no right to initiate a series of steps to reject a special assessment. An emergency is defined in Section 18(a)(8) as “an immediate danger to the structural integrity of the common elements or to the life, health, safety or property of the unit owners”.
Got a question for the Condo Adviser? Email ctc-realestate@chicagotribune.com.
