Page 5 - CooperatorNews Chicagoland Spring 2022

CHICAGO.COOPERATORNEWS.COM COOPERATORNEWS CHICAGOLAND — SPRING 2022 5 QUESTIONS & ANSWERS NEED ANY MAINTENANCE PAINTING? NEED ANY MAINTENANCE PAINTING? 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Visit FinishingChicago.com , your FREE RESOURCE to over 140 prequali ed nishing contractors who are all licensed, bonded and insured! Patio Uh-Oh Q Five years ago, an owner who was on the board for a year and was newly in charge of maintenance had his own new patio removed and hired our usual contractor to pour a new, larger patio—which of course meant using com- mon element property. Our lawyer had ad- vised him and the board the year before that this could be done only with permission of the board and an offi cial 99-year lease that needed to be drawn up by a lawyer and fi led with the county. Th e owner has never done either one. Th e board has been unwilling to enforce this caveat. Can it still be done, and if so, how? —A Brick Too Far A “Generally,” says attorney James Stevens, principal with law fi rm Chuhak & Tecson in Chicago, “encroachments into the common elements of a condominium depend wholly on the terms of the declara- tion for that community. Without reading make sure that owners remain responsible the noise level has gotten worse and worse. those here specifi cally, there is no way to say for the maintenance and repair of such ad- whether such a patio construction would ditions and to include those terms in the and I’m told (by him) that she’s hard to con- require any amendments to the covenants recorded document.” or a ‘ground lease’ of sorts as mentioned here. Owners oft en have patios assigned for the benefi t of their particular unit, usually called ‘limited common elements,’ which can be a portion of the common elements reserved for the benefi t of one unit exclu- sively to others. Normally, reconstruction time can result in a fi ne. Two months aft er and sent it to management. Management or rebuilding of existing common elements I moved in, the downstairs neighbor moved has told me over and over again to contact does not require any kind of alteration to in. It’s been a nightmare ever since. Banging, the police, and the police have told me they the declaration, but extension or increasing screaming, fi ghts, rude guests who loiter can only intervene if the resident is disturb- the size of those items may. Th e board here and scream in front of the building. Th ree ing the peace or if there is a domestic distur- should discuss the issue with their commu- nity association lawyer to determine what is plained to the association. Upon receiving able to impart any advice? necessary per the governing documents. “When additions are allowed, board and to smooth things over. It was shocking. He owners oft en document those additions fl at out admitted to being a drug dealer and using an amendment to the declaration or off ered illicit substances as an olive branch. some other kind of recorded document that I didn’t have my phone to record the con- memorializes the agreement to extend and versation, and wasn’t sure a record of the makes it clear for both owners and boards conversation could be used anyway, given to help craft a response,” says Sima Kirsch, that come in the future that such addition he did not permit me to record it. At any attorney with the Law Offi ce of Sima Kirsch was allowed. It is a good practice, too, to rate, that topic has not come up again, and Disturbing, or Disturbed? Q I live in a condo where there are only be a psychotic episode from drug use, quiet hours aft er 9 p.m., and all babbling sounds like speaking in tongues, disturbing noise no matter the thrashing, banging. I recorded the noise months aft er he moved in, I fi nally com- his notice, he came directly to me and tried His live-in girlfriend screams frequently, trol when she’s drunk; they have extremely loud sex at 1 a.m. while I’m trying to sleep; just today while on a work call, the noise from downstairs erupted from what could bance. Th is is one for the books. Is anyone —Downstairs Disaster A “Based on your fact pattern, your question presents more questions than information continued on page 14 Legal Q A&