Hot Topic: Case Law Update

The Second District Appellate Court Has Opened the Door for Condo Owners in DuPage, Kane, Kendall, Lake and McHenry Counties to Defend Non-Payment of Assessments in Court by Claiming that the Board has Failed to Maintain Common Elements.

On June 27, 2012, the Second District Appellate Court held that a unit owner could allege that an Association breached its duty to repair and maintain the common elements as an affirmative defense for withholding assessments in a Forcible Entry and Detainer action.

To continue reading this article, click here. 

Contributed by Jaclyn Hilderbrand of Keough & Moody, P.C.

Gaining support for your association’s budget

Yikes! The board studied the bids, crunched the numbers and scratched its collective head. There’s no way around it. Monthly dues at your community association are going up 30 percent in 2013.

Illinois law allows owners in condominium and homeowner associations to contest a budget more than 115 percent of the previous year’s budget. If they organize themselves and meet specific deadlines to call a vote, they can reject it. That puts the board back at square one.

“Raising dues is that annual dance that can be a nail-biting battle or a nonevent,” said Phil Pritzker, a property manager for The Habitat Co. and general manager at The 400 Condominium Association in Chicago. “It really hinges on how well the board prepares and shares this news with the unit owners.”

To continue reading this article, click here.

Contributed by Pamela Dittmer McKuen of the Chicago Tribune.

FHA & Condos

Courtesy Association Times

This article came from the July 2012 issue of Association Times.

Prior to the “Great Recession,” condo associations did not give much thought to FHA financing. For many years, FHA provided less than 3 percent of all financing for condo purchases. The buyers they financed had low down payments, which many boards felt posed a risk to their viability as residents. This conventional wisdom governed the market for many years. However, this thinking is now obsolete as the housing crisis has changed FHA from a minor factor in condo finance to the standard setting organization for condo financing. If your association is still trapped in traditional thinking about FHA, you may be jeopardizing the marketability of units in your development.

To continue reading this article, click here.

Contributed by Andrew Fortin of Associa

Questions to Ask Before Your Next Annual Election

Every community association shall have an annual meeting  at which time an election of the board of directors shall occur. The mechanics of the election are governed by the association’s governing documents, and applicable statutes which include the Illinois Condominium Property Act (hereinafter “Condominium Act”), the Illinois Not for Profit Corporation Act (hereinafter “Not for Profit Act”) and the Common Interest Community Association Act (hereinafter “CICA”).  As technology advances and times change, new questions arise regarding annual elections.  The following are a few questions about annual elections that knowing the answer to may avoid problems from arising at your association’s next annual election.

To continue reading this article, click here.

Contributed by Gabriella Comstock of Keough & Moody, P.C.

A Free Insurance Resource

CondoRisk has created a Facebook page designed to help unit owners, board members and property managers with their insurance needs.  Every week, CondoRisk will place a post a different insurance issue on their page.

Once the “Like” button is hit for their page, anyone can ask a question dealing with insurance.  This question will be answered within 24 hours of the posted question.  For more information and to view the CondoRisk page, click here.

High Property Assessment

QuestionHanging Money : The property assessment from the county appears to be high for properties in our condominium association what can the board of directors or the homeowners do to fight the high assessment?

Answer: The board can file an appeal for the whole association per the Illinois Condominium Act (see below).  Actually an appeal by an association is generally more effective cost wise and in results compared to an individual homeowner. As an association more resources are available on a discounted price per unit with professional appraisers and attorneys less expensive due to the bulk pricing.  An association can also see if it is worthwhile by having some sample units appraised to determine if the project is feasible.

Section 10 Separate Taxation

(c) Upon authorization by a two-thirds vote of the members of the board of managers or by the affirmative vote of not less than a majority of the unit owners at a meeting duly called for such purpose, or upon such greater vote as may be required by the declaration or bylaws, the board of managers acting on behalf of all unit owners shall have the power to seek relief from or in connection with the assessment or levy of any such taxes, special assessments or charges, and to charge and collect all expenses incurred in connection therewith as common expenses.

Contributed by Mark O’Brien of Iacconi and Associates.  

 

Rule Enforcement, A Litigation Perspective

The recent trend has appeared in connection with rule enforcement and the collection of fines Owners are now more frequently challenging the substance of the rules and enforcement policies being utilized by the association. In addition, courts are firmly requiring a definitive showing of due process in determining the legality of a violation and resulting fine. The purpose of this article is to provide a brief outline of best practices to be utilized by an association and their property manager when enforcing their rules.

To continue reading this article, click here.

Contributed by David Hartwell of Penland & Hartwell, LLC. 

ACTHA’s Theme of the Month is…

Rentals!  Throughout the month of June, ACTHA will host a number of seminars on Rentals.  Each of these seminars will discuss a number of issues related to Rentals in the Association, including:

  • The advantages and disadvantages of rentals in the Association
  • The pros and cons of an Association being a landlord
  • Procedures and processes when the Association is the landlord

For more information, including dates, locations and presenters click here.

Are You a Micro-Manager?

As a Board member, do you want a courtesy call from management every time they receive a maintenance request from an owner?  Do you want to authorize any and all repairs before Management calls a contractor out?  Do you want to see a hard copy of every invoice before it gets paid?  Do you want every check to be signed by a Board member in addition to the Management firm’s authorized signer?  Do you want a monthly log of all calls received and returned by your Manager?  In other words… are you a micro manager?

To continue reading this article, click here.

Contributed by Martin Stone of HSR Property Services

Rentals – Theme of the Month

Keep June open!  ACTHA’s theme of the month for June will be on the topic of Rentals.  Throughout the month of June, we will be hosting a number of seminars on Rentals.

Each seminar will discuss the advantages and disadvantages of rentals in the Association, the Association as the landlord, screening for tenants, setting a rent amount, who administers if the Association is self managed and more.

These seminars will be held at a number of locations throughout the Chicagoland area.  To view the dates of the seminars, times, locations, and presenters, click here.

Follow

Get every new post delivered to your Inbox.