Page 11 - CooperatorNews Chicagoland Fall 2021

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COOPERATORNEWS CHICAGOLAND —
FALL 2021
11
Please submit Pulse items to
Darcey Gerstein at
darcey@cooperatornews.com
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tenance, repair, and replacement of the
common elements. A board has a sig-
nificant degree of discretion in making
determinations as to the frequency, tim-
ing, and methods of maintenance work,
so long as these decisions are made with
appropriate diligence and are based on
reasonable business considerations.
“In this case, depending on various
factors related to the COVID-19 pan-
demic such as the possible reluctance of
the association and its membership to
having contractors enter units in non-
emergency situations, it might be plau-
sible that a limited degree of delay by the
association in having the work performed
was reasonable under the particular cir-
cumstances. On the other hand, it would
not be reasonable to indefinitely subject
unit owners to the choice of either endur-
ing significant mold and dust inside their
units or being deprived of heat, even dur-
ing the pandemic.
“As for how the unit owners can pur-
sue resolution of the issue, presuming
that the unit owners simply completing
the work themselves is not a realistic and
prudent option, the unit owners could
present their concerns to the association
in writing and request proper upkeep of
the heating system without additional de-
lay. If the association persists in its refus-
al to have the work performed and does
not offer a legitimate justification for this
decision, the unit owners could file a law-
suit claiming a breach of fiduciary duty
by the board members and/or seeking a
court order requiring the association to
have the work completed. It also remains
possible that the failure to provide ad-
equate heat constitutes a municipal code
violation and that the unit owners could
report the violation to the municipal-
ity. Finally, if multiple unit owners share
the same concerns about the quality of
the board’s performance, a group of unit
owners could initiate board removal ef-
forts and/or make a concerted effort to
elect new board members at the next
board election.”
n
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CooperatorNews
Chicagoland and we’ll publish
your question, along with a
response from one of our attorney
advisors. Questions may be edited
for taste, length and clarity. Send
your questions to:
darcey@cooperatornews.com.
Q&A
Disclaimer: The answers provided in this Q&A
column are of a general nature and cannot
substitute for professional advice regarding your
specific circumstances. Always seek the advice of
competent legal counsel or other qualified profes-
sionals with any questions you may have regard-
ing technical or legal issues.
sion and zoning committee, according to
Block Club.
Other Happenings
Calumet Painting’s President Runs for
Autism
Rick Suarez, a retired firefighter and
president of Hammond, Indiana-based
Calumet Painting & Restoration, is pre-
paring to run in the 125th Boston Mara-
thon this October as part of the Doug
Flutie, Jr. Foundation for Autism team.
The team is raising funds and awareness
of the foundation’s mission of encourag-
ing development, happiness, and self-
fulfillment for all who live with autism.
Suarez will be running in honor of his
nephew, Hunter, and has set a personal
fundraising goal of $9,000.
“This [run] is exciting for many rea-
sons,” says Suarez. “First, I will be able
to help so many deserving families who
live with autism every day. Second, as a
retired firefighter, it’s always been hard
not to be on my feet—I’m so glad to be
running again after all the cancelations
in 2020. Lastly, the excitement is in the
air, and so many people are eager to see
good things happening!”
In addition to raising funds and
awareness about his cause, this year’s
Boston run will mark another notch in
Suarez’s pursuit of the Six Star World
Marathon Medal, a goal he set himself
back in 2017. To earn the medal, a run-
ner must complete the Chicago, Boston,
New York, Tokyo, London, and Ber-
lin Marathons. “I know this is a lofty
goal,” says Suarez. “However, the self-
fulfillment I receive on this journey has
been over the top. For the Chicago and
New York Marathons, I ran with teams
for some amazing organizations, raising
over $30,000 collectively.”
Those interested in making a tax-
deductible donation toward the team’s
goal can visit the online fundraising
headquarters at calumetpainting.com to
learn more; Calumet Painting & Resto-
ration is also offering a 5% discount on
Fall interior projects and a 5% donation
in the client’s name to the Doug Flutie,
Jr. Foundation.
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