Page 5 - Chicagoland Cooperator Winter 2020

CHICAGOCOOPERATOR.COM THE CHICAGOLAND COOPERATOR — WINTER 2020 5 QUESTIONS & ANSWERS Legal Q A& Repurposing Common Space Without Owner Approval Q My condo board, against the rules cago-based fi rm of Levenfeld Pearlstein, LLC. change the association’s storage practices. that require a vote to change the use “First, what is the board’s authority to alter or of common property, is now using repurpose common element space without the board can use the paddle board court for stor- our paddle board court to store large equip- ment like pressure washers, etc. I asked about the association for the alleged drop in property that the board could decide to build, say, a it at the annual meeting and they told me to values resulting from the alteration? ask the site manager to move the equipment whenever I want to use the court. Th is to me is thority to alter or repurpose the common el- unacceptable, since the property involved has ements. Th e board’s authority to oversee the Further, the Act states that if the cost of the wa- still changed its primary use and, of course, common elements is governed by the decla- the property manager does not work 24/7 and ration and the Illinois Condominium Prop- other ethical reasons. Also, the overall beauty erty Act (‘Act’), the latter of which, at Section the board decision via unit owner meeting and of the area is compromised. Can I sue and 18.4(a), states that the board has the power and majority vote to reject it. force the association to buy back my property duty to ‘provide for operation, care, upkeep, for what I paid for it and possibly include the maintenance, replacement and improvement being spent, there is little that the unit owners cost of improvements I made, and even add in of the common elements.’ Since the paddle can do to overturn the board’s decision. an index of how much property values in the board courts are now being used for stor- area have increased since my purchase? I need age, the board could take the position that it to fi le an action against the association, but I Indiana, and Wisconsin: “As a general princi- help here. I am not being treated the same as is ‘replacing’ them by changing their primary doubt very much that the association could ple, owners are required under the governing other residents. Th ank you. —Peeved Owner A “Th e owner is raising two dis- tinct issues here,” says attorney money—it leaves the ownership little recourse other area properties, proving that the dimi- Nicholas Bartzen of the Chi- ownership approval? Second, can he/she sue age without unit owner approval doesn’t mean “First, in Illinois, the board has broad au- use to storage from recreation and thus acting be compelled to buy back the property, since documents of their association to keep their under its rights under the Act. Th erefore, un- der Illinois statute, the board has the power to the board to buy or sell any property on behalf hoarding can put others’ health and safety at repurpose the use of common elements with- out unit owner approval, especially because owner proved that there has been a diminu- this particular repurposing is not costing any tion in his/her property values compared to save for getting new board members elected to nution is directly attributable to the board’s “Now, just to be clear, the fact that the would be a tough sell.” water park in place of the paddle board court, since most declarations limit the board’s abil- ity to spend money for capital improvements. ter park exceeded 5% of the annual budget, the ment many times. Th e smell is awful; she has unit owners would have the option of vetoing mice, roaches, and water bugs. What can I do? “Again, here, since there is likely no money “Second, the unit owner can always attempt the Act requires 2/3 unit owner approval for units in good, habitable condition. Because of the association. Moreover, even if the unit choice to repurpose the paddle board courts Hoarding Problem Q Please help me. I live in a condo. My next door neighbor is a hoarder. She constantly leaves the front door open. I complained to the buildings depart- —Desperate Tenant A Says attorney David Savitt of law fi rm Kovitz Shifrin Nesbit, which has offi ces in Illinois, www.rooftreatmentrestoration.com 847-241-6502 dnocchi@roofmaxx.com continued on page 11