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Articles filed under Bendoff, David

Board can appoint, not remove, a member

Nov 6, 2021 7:00 AM - Q: The board of our common interest community association appointed a person to fill a vacancy. The person who was appointed to the board turned out to be a complete "failure." Because the board appointed this person, can the board now vote to remove this director from the board? A: While the board had the authority to appoint a person to fill a vacancy on the board, the board alone cannot remove this appointee from the board. The Illinois Common Interest Community Association Act provides that "two-thirds of the membership may remove a board member as a director at a duly called special meeting." Therefore, a vote of the owners in the association would be required to remove a director from the board; whether the board member was elected by the owners or appointed by the board.
Board needs to meet with commissions

BY DAVID M. BENDOFF
Oct 30, 2021 7:00 AM - A member of an association's architectural control commission says the board often ignores their recommendations, even approving one request and denying the same request from a different owner. What can owners do about this?
Loan may require professional management

BY DAVID M. BENDOFF
Oct 23, 2021 7:00 AM - Q: We live in a 100-plus-unit condominium building that is professionally managed by a third-party management company. The end of the term of the management agreement is approaching. Can the board of directors decide to become self-managed without a vote of the owners?
Board can set up fund for miscellaneous purchases

BY DAVID M. BENDOFF
Oct 16, 2021 7:00 AM - Q: Are condominium boards permitted to budget small amounts for items, such as workout room equipment, then vote on those purchases after they are made, at the next board meeting?
Renters can buy their units when they become condos

BY DAVID M. BENDOFF
Oct 9, 2021 7:00 AM - Q: The apartment building where I live is being converted to a condominium. Do I have a right to purchase my apartment?
Unit owners allowed to do some business at home

BY DAVID M. BENDOFF
Oct 2, 2021 7:00 AM - Q: The covenants for our association prohibit using units for a business purpose. One of the owners is a sales person. He has created a corporation for this purpose and uses his unit as the registered office for the corporation.
Board meeting vs. owners meeting

BY DAVID M. BENDOFF
Sep 25, 2021 7:00 AM - Q: What is the difference between a board meeting and an owners meeting of an association?
Owners of leased units can not delegate liability to their tenants

BY DAVID M. BENDOFF
Sep 18, 2021 7:00 AM - Q: The declaration for our condominium requires owners to maintain their units in good order and repair. The grout in a shower of a unit has not been maintained, causing water to leak into a unit below. The association made a demand on the owner to repair the shower in his unit. The owner sent the board a copy of the lease for his unit that says the tenant is responsible to maintain the unit during the duration of the lease.
A board may require keys for each unit

BY DAVID M. BENDOFF
Sep 11, 2021 7:00 AM - Q: The board of our condominium recently adopted a rule requiring all owners to provide the association with a copy of their unit key. The rationale for this is for emergency repairs. Can the board impose this requirement?
Association may vote to reject lease to a felon

BY DAVID M. BENDOFF
Sep 4, 2021 7:00 AM - Q: My association has a right of first refusal on the sale or leasing of units. The board learned a proposed tenant of my unit, who is a friend of mine, is a felon resulting from residential burglary. The board was successful in obtaining the necessary unit owner vote to exercise its right of first refusal.

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