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Does Illinois Condo Act allow board to deny financials to HOA owners

Posted on Mon, Nov 28, 2011 @ 07:52 AM
  
  
  
  

I recently requested from our property manager information pertaining to the miscellaneous expenses reported to the last homeowners meeting. I was told by our property manager at the meeting that the information would be provided to me when I contact him. After several futile attempts to obtain this information, I learned that the board of directors denied my request in accordance to the Illinois Condominium Act. I find this rather disturbing that the board of directors can deny any request, if they deem so. Isn't it a legal obligation for the property manager/board of directors to provide specific requested information pertaining to the financial report that homeowners receive each month. These financial monthly reports provide only the expense amounts per category. No explanation or details are provided on these reports. Is the property manager/ board of directors in direct violation to the Illinois Condominium Act by not responding to me in a timely matter, or not responding at all.

26 Comments Click here to read/write comments

Can condo association go against bylaws to change annual meeting?

Posted on Wed, Aug 17, 2011 @ 07:05 AM
  
  
  
  
We are a self managed condo association. The president is drumming up support to have the annual meeting in October instead of September. The bylaws are specific in stating that it is to be held the second Tuesday of September. The president states that common law supports being able to change the date this year. Can we and is it wise to not follow the bylaws?

14 Comments Click here to read/write comments

Is condo association or owner responsible for water damage to unit?

Posted on Thu, Jun 16, 2011 @ 06:59 AM
  
  
  
  

I own a condo in a building in Chicago and we had a big rain storm and the building's storm drain was inadequate to handle the amount of water coming from the roof and the water has backed up into my second floor (none on the first floor) condo and my hardwood floors were destroyed. This is the second time this is happening within 3 years. First time the damage was $400 and I did not make much fuss nor did I make a claim with my insurance. I replaced cheap destroyed carpet with hardwood floor out of pocket. I did let the building know that is happened and that there is a problem with my unit being connected to the storm drain. However this time the damage is much bigger (estimates range from $4500 – $5500) and I am not paying myself this time. The Condo management company is being very hard to deal with and claim that this is typically unit owners responsibility. Who is responsible for the damage? My flood ins policy covers $2000 damage and have a deductible of $500. Do I have to pay $500 deductible + over $2500 that insurance won’t cover) or should this be paid by the association? Their master insurance covers common areas, and the exterior of my unit including drywall but not the flooring. However in the light that this is clearly not my fault, and that they had known about this problem 3 years ago and had not done anything to resolve it I believe the condo assoc should pay from their reserves fund. There is not point in me paying to fix this if I am going to get flooded next time major rain comes. Please advise

20 Comments Click here to read/write comments

How does our Illinois condo association enforce its bylaws?

Posted on Mon, May 23, 2011 @ 08:48 AM
  
  
  
  
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How exactly are bylaw violations enforced? We live in small condo association, 10 single family units in Illinois. We have one owner who added a garden in the common area when he built his home. The builder ran the association at that time & gave permission for him to do so. Now, three years later, he has enlarged and surrounded the entire garden with wood, making it a raised bed. He did not ask for approval from the board, as dictated by our by-laws. In addition, it does not fit into the overall appearance of our association and no one likes it. Can someone outline the steps we must take? Do we have to take him to small claims court to enforce removal after we have sent letters or do we have to hire an attorney? He is a retired attorney who is a bully & thinks he can do whatever he pleases. Help! Thanks!

3 Comments Click here to read/write comments

Why does our condo resort have different assessment rates?

Posted on Fri, Apr 22, 2011 @ 07:09 AM
  
  
  
  

I own land and a park model trailer in a condo resort park in Seneca, Illinois. There are 6 levels of association fees. All the lot sizes are the same at approx. 5000 sq ft.  The county taxes are the same for each lot at approx. $197.00. Our electric, water and sewers are included in the assessment. The 6 categories range from $674.00 to $1218.00 per year. We can't get a answer why the difference except that that is what was setup years ago. There isn't any difference in the land or location in the park. Is this OK for the association board to charge 6 different categories for association fees?

6 Comments Click here to read/write comments

Is renting rooms in condo buildings illegal in Chicago?

Posted on Thu, Mar 31, 2011 @ 06:58 AM
  
  
  
  
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There is some confusion in our HOA regarding renting of rooms. We have a leasing restriction & this owner continually states that he is exempt from providing a lease as he rents to another male. We have a leasing restriction in place (2 of 6 units) & he places us at the 50% mark which means no one else can sell or refinance. We're not clear on the Chicago housing ordinance, but we think that renting of rooms is illegal in Condo buildings.

9 Comments Click here to read/write comments

Some condo association owners refuse to pay assessment.

Posted on Sat, Mar 26, 2011 @ 07:19 AM
  
  
  
  
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I live in Illinois and am on the board for our condo association, we took over a mess from the previous people, we owe several thousand dollars the heat and hot water are common in the assessments. We voted to have a special assessment to bring things up to date. We have 30 units 5 in foreclosure 16 people have paid or are making the arrangements, 9 have not responded we spoke to some of them who basically said they are not going to pay. What action can we take or who should we contact in our state?

12 Comments Click here to read/write comments

Where outside of condo unit, does owner's repair responsibility end?

Posted on Wed, Feb 09, 2011 @ 02:35 PM
  
  
  
  
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My dryer is located upstairs on a two story Illinois town home. It vents straight to the roof and has created a condensation/water problem in the attic.  Vent and possible 1' x 1' section may need to be replaced. Our condo association bylaws state that homeowners are responsible for the dryer vent. My question is where does my responsibility end? Machine to the pipe in the ceiling? Attic area or at the roof? Management and board president have been slow to get me an answer.

11 Comments Click here to read/write comments

Can condo board mandate where owners buy replacement windows?

Posted on Thu, Jan 27, 2011 @ 07:12 AM
  
  
  
  

I live in a condo in Illinois that is governed under the Illinois Condo Act. The windows in our units are the owners responsibility to maintain and cost of maintenance, repair and replacement are the homeowners responsibility. The bylaws of our condo association specify the windows must look the same as all other units and be white vinyl clad on the exterior. Our board has recently issued a mandate to the homeowners that replacement windows can only be obtained through a pre-selected vendor thus limiting our right to “shop around” for price. My question: Since the windows are the owner’s property, can the board mandate who we use to replace the windows?

9 Comments Click here to read/write comments

Should condo associations add policies and rules to protect owners?

Posted on Wed, Jan 19, 2011 @ 11:48 AM
  
  
  
  

I live in a large condo complex in Illinois. The Condo Association is relatively new since its inception in 1995. I discovered by reading the blogs published daily on this site, (which by the way, I enjoy greatly), that most condo associations, much larger in size than mine, and some also condo associations smaller, that they have instituted in their bylaws, special policies to protect the homeowners. I find many have Conflict of Interest policies, Code of Ethics policies in place. I've learned that our HOA has no governing documents in place.

There has been several accusations of board decisions, that involved possible conflict of interests and code of ethic violations. For the last few years, this board has repeatedly incurred $25,000 - $60,000 expenses, placed under Miscellaneous with no explanation, unless a homeowner raises an issue with them. I would like to see policies like conflict of interest, code of ethics, and a disclosure policy pertaining to miscellaneous funds and dollar limits on these. How can concerned homeowners initiate these policies in place. I doubt, very much, that the board will entertain such an idea. Are petitions necessary?...and at what percentage needed, in order for this to happen? Comments would be appreciated. Thank you.

9 Comments Click here to read/write comments

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