Page 25 - Chicagp Fall EXPO 2019

CHICAGOCOOPERATOR.COM THE CHICAGOLAND COOPERATOR — FALL 2019 25 Wintrust Community Advantage is a division of Barrington Bank & Trust Company, N.A., a Wintrust Community Bank. LENDING TOOLS FOR YOUR ASSOCIATION LOAN PROGRAMS Our loan programs are tailored to meet the needs of your association. We work closely with board members and property managers to ensure an association can effectively fund and complete its projects. AN EFFICIENT AND CLEAR APPROVAL PROCESS Our responsive turnaround on loan requests guarantees a simple and understandable process. Once we receive your loan application package, we quickly and efficiently determine a payment structure that best meets the association’s needs. Upon bank approval of the loan, we draft a commitment letter for your organization, detailing the loan terms and conditions. Upon your acceptance of our commitment letter, loan documentation is provided for the association’s review, signature, and approval. We’re happy to meet with board members at any time during the loan process to discuss and clarify the terms of the program. 201 S. Hough St. | Barrington, IL 60010 847-304-5940 | communityadvantage.com Pyrros goes on to say that the commu- nities have implemented things like signage gation. and neon safety indicators. But while these measures may reduce the risk of accidents, community-style associations often there’s they can’t eliminate it outright. “We try to an open area, or perhaps actual parkland, enforce the rules, but they will occasionally or an amenity like a swimming pool that be ignored,” she says. “It’s one of the con- stant considerations that comes with being and activities,” says William O. Chatt, a a manager.” In associations with more abundant & Prince P.C., in Chicago and Burr Ridge, available space, the idea of installing some Illinois. “Raising children in the condo- sort of playground equipment sometimes minium setting is more of a challenge for comes up. But according to management parents, as children have a lot of energy and pros, those proposals don’t often make it off the ground, since even the most kid-friend- ly resident is unlikely to be thrilled at the ers the youth of an offender when conflicts idea of owning the unit closest to a noisy, arise, an association is charged with manag- boisterous play area. “The person in 1A or ing the property for all owners – including wherever did not sign up for that when they those without children. And that requires moved in,” Pyrros notes. “Why should they the interests of all owners to be taken into have to deal with the added noise now?” Common spaces can be grounds for quarrels as well. As Dawn Dickstein, Presi- dent of MD2 Property Group in New York about noise coming from a neighboring City, notes, a playroom is clearly intended for children. But some- thing like a gym or fit- ness room is not only adult-oriented--it can be dangerous for kids to play in, even with supervision. Dickstein recommends setting firm rules for who may use common areas like gyms and fitness rooms, and even fin- ing parents who don’t comply. “Restrictions pertaining to guests of a child or their family should all be incor- porated in the house rules,” she adds. Of course, playgrounds and rumpus sleep, or there is substantial noise transmis- rooms aren’t the only ways a community sion between units, there is no doubt that can make its youngest members feel wel- comed and involved. Kid-friendly program- ming can be a great way to build neighborly receiving end. Upon hearing a resident de- spirit and help residents connect with each scribe issues that would bother them should other – no monkey bars required. “I’ve seen they be subjected to it, most boards want to parties for Halloween, other holidays, tree- trimmings...various events that are catered toward children,” Dickstein says. “It all de- pends on the composition of the building, the aforementioned behaviors are normal, and the tone that the board wants to set for even typical, for children. And as the courts residents. It also depends on the involve- ment of volunteers within the association, children are not required to become mini- and what they are authorized to plan for adults just because they live in multifamily residents and their kids.” Playtime Prohibition? While the safety of every child residing charges if it tries to force families with chil- in an association property is paramount, dren to conform to standards that may be boards are also under fiduciary duty to con- sider the liability concerns that could result son, boards should not react to a resident’s from any sort of mishap. Even something as complaints with the assumption that just seemingly minor as a kid making a lot of because someone is bothered there’s an in- noise in their own unit could be perceived fraction that must be dealt with. That is true as infringing on another resident’s quality of life, and lead to acrimony – and even liti- “With typical suburban townhome or gives parents and children options for play shareholder at law firm Cervantes Chatt less options for play. While the tendency is for parents to hope an association consid- account.” “These things usually start with a resi- dent complaining to the manager or board unit, and the complaints typically in- clude bang- ing, jump- ing, running, toys being dropped re- peatedly, yell- ing, scream- ing, et cetera,” adds Mark Einhorn, an attorney with Marcus, Err- ico, Emmer & Brooks, which has offices in Massachusetts and New Hampshire. “If someone is trying to can be disturbing or bothersome, and even become a nuisance to the person on the help by taking action. “But as anyone who is at all familiar with children can attest,” he continues, “all of have held in many cases across the country, housing. In fact, they are generally protect- ed – and a board can face discrimination reasonable to apply to adults. For this rea- “An association is charged with managing the property for all owners – including those without children. And that requires the interests of all owners to be taken into account.” — William Chatt continued on page 37 See us at Booth 513