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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      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

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