Page 7 - CooperatorNews Chicagoland EXPO 2021

CHICAGO.COOPERATORNEWS.COM COOPERATORNEWS CHICAGOLAND — EXPO 2021 7 QUESTIONS & ANSWERS Filling a Resignation Q If there is an election of a condo board and three people run for two open seats, when the elec- tion is over and the seats are fi lled, if now one of those board members resigns, does the third person who received some votes then fi ll that position? Or does the board have the right to appoint someone else on their own? —Wondering A “In Illinois, the answer to the question will be gov- erned by statute,” says at- torney Mark Rosenbaum, principal at Chicago law firm Fischel Kahn. “Illinois Condominium Property Act, Section 18(a)(13) governs the situation. On the one hand, it allows the bylaws of an as- sociation to determine how to fill the vacancy. In theory, if the bylaw provi- sion on filling a board vacancy allows the third-place vote-getter to fill the seat, that would be allowed. But I have rarely seen are deemed to include those methods by has called the president many times com- such a provision. “On the other hand, the subsection separately authorizes the seat to be filled by one of two other methods: 1. By the two-thirds vote of the remaining board members, in which case the person so appointed only serves until the next an- nual owners’ meeting, or 2. If unit own- ers with 20% of the votes (by percentage owner friend in the same building, who but it didn’t seem to help much. Do you interest) file a petition with the board for has been the resident owner since 2005. have any suggestions that would help? a unit owners’ meeting, then such a meet- ing must be called within 30 days after full time and lives there with her daugh- the petition is filed with the board, and ter. The young couple residents living in at that meeting there will be an election the third-floor unit above her have two to fill the vacancy for the balance of the small children, ages somewhere between term (of what had been the vacant direc- torship). If the board appoints a director under method 1, and then the owners’ pe- tition under method 2 is filed, the person or covenants & restrictions states: “No sociation’s covenants will contain a pro- the board appointed only serves until 30 noxious or offensive activity shall be car- days after the petition is filed (by which ried on in any unit or in the common ele- time the owners’ meeting should have ments, nor shall anything be done therein, governing documents almost certainly been held). “Under Section 18 of the Act, even by- laws that do not include method 1 or 2 to the other owners or occupants.” She operation of law.” Sleepless in Chicago Q I am a resident owner in a 54- unit condominium association which is taking a toll on her health. She building on the far northwest even called the police. They stopped over side of Chicago. I write on behalf of a unit and talked to the third floor unit owners, Her unit is on the second floor. She works 11 and 8. Article VII Section 1f of our condo- minium ownership declarations and/ either willfully or negligently, which may include a provision allowing the associa- be or become an annoyance or nuisance tion to file suit to enforce this provision, plaining. He informed her he would talk to them. The couple’s children are up at times until 1 a.m. and 2 a.m. in the morn- ing, screaming, running, and jumping. My friend cannot get a good night’s sleep, —Asking for a Friend A Ben Rooney, attorney and shareholder at law firm Keay & Costello P.C., with offices in Wheaton and Chicago, says, “Generally speaking, a community as- hibition against residents engaging in ‘noxious and offensive behavior.’ The Legal Q A& VANDERBOSCH. YOUR CHICAGO PLUMBER. 773.523 .1967 vanderbosch.com Serving: Chicago, Hyde Park and Roselle Plumbing • Sewer & Drain • Hot Water & Steam Boilers Live in a multi-story building? Need hot/cold riser replacement service? Come attend our seminar from 11:30 AM to 12:30 AM! continued on page 31 See us at Booth 603,605