Page 37 - Chicagp Fall EXPO 2019

CHICAGOCOOPERATOR.COM THE CHICAGOLAND COOPERATOR — FALL 2019 37 governs both board meetings and unit owner meetings. The Act requires that a board must hold at least two board meet- ings per year at a place convenient to the community. With respect to unit owner meetings, the Act only requires one meet- ing per year. However, it is important to carefully review the association’s govern- ing documents, as those might mandate that more meetings be held than the statu- tory minimum. “The Act also requires notices of board meetings to be provided to residents at least five days in advance of a meeting. Some agenda items require 10 days’ no- tice, such as amendments to bylaws or rules and regulations. The Act also allows the board to set a fixed schedule for meet- ings. So long as the board follows this schedule, it need not provide additional notices. However, it must make the agen- da available to owners at least 48 hours prior to the meeting. “Additionally, the Act mandates that notices of unit owner meetings be pro- vided no less than 10 and no more than 60 days prior to the unit owner meeting. In most cases, a notice of meeting need only include the date, time, location, and agenda. According to the Act, notices may be sent via hand delivery to each unit owner, or by USPS; commercially reason- able delivery service; electronic means when owners have provided to the asso- ciation an electronic address; or any other method reasonably calculated to provide notice to the unit owner. Furthermore, notices are effective when sent, as opposed to when received. “Failure to comply with notice require- ments can be devastating for an associa- tion, and actions taken \\\[by a board\\\] can be invalidated. For example, if a board want- ed to adopt a rule but the notice was draft- ed improperly, the rule could be found to be invalid. Another common example involves budgets and special assessments. If the notice is not provided correctly, the association’s ability to collect can be jeop- ardized. “In my experience, meetings generally last far longer than necessary. The most ef- ficient approach to running any meeting is to follow the agenda and avoid discussions without proper motions pending. All too often a board will discuss a certain topic for a period of time, and in the end, move on to the next subject without making any decision whatsoever.” In Closing... While there is some clear variance from state to state, some common themes emerge from how boards should conduct meetings: objective; advance notice; effi- cient and structured participation of own- ers and shareholders; and a delineated agenda. A board who follows this basic rubric is likely to preside over an effective association. n Mike Odenthal is a writer for The Chica- goland Cooperator. even if there is noise that might be unrea- sonable if it was being made by an adult.” When it comes to regulating the behav- ior of children, responsibility ultimately lies with the parents. “While an association can restrict or prohibit play in common ar- eas such as hallways, lobbies, stairwells or elevators, age restriction most likely would not be permissible given housing laws,” notes Chatt. “It should be noted that some states – including Illinois – do permit com- munities to elect to restrict ownership to a certain age (Illinois sets that age at 55). In that instance, children would not be per- mitted to reside in a unit – and as a guest, their access to certain areas can be restrict- ed or regulated more closely. That said, just as an association may restrict common ar- eas for ingress and egress, or prohibit stor- age of bicycles or shoes, it may also pro- hibit play activities in those areas as well.” Einhorn urges boards to avoid ap- proaching rules with an assumption that a child left unsupervised will cause mis- chief. “That is not a valid basis for requir- ing supervision in common areas,” he says. “If supervision in common areas – or for certain amenities – is going to be required, then the reason should be rooted in safety. Fair housing laws protect the rights of fam- ilies to enjoy the same rights to amenities as adults, and they should not be subject to oppressive or unnecessary constraints. “This begs the question of which actions are or are not overly oppressive for a board to take,” he continues. “For starters, any rule or regulation that targets children spe- cifically should be closely examined. A rule should not prohibit children from playing, or prohibit their toys in the common areas. The rule should be more neutral and ratio- nally based – which does not mean \\\[cater- ing to\\\] neighbors who simply don’t want to hear children playing. If recreational activ- ity is unsafe in a specific area, then prohibit recreational activity for all individuals in that area, instead of banning children or requiring children to be supervised.” And as Chatt points out, this can extend to quiet hours, which can be broadly ap- plied to everyone in the community for specific periods during the day. It can also be a good starting point at offering neigh- bors the tranquility for which they are looking. Ultimately, the accommodation of fam- ilies with young children and the concerns of child-free residents aren’t mutually ex- clusive; it’s all about neighbors respecting each other, and community administrators respecting the law and enforcing rules fair- ly and reasonably. And that’s good policy, whether you’re age four or 84. n Mike Odenthal is a writer for The Chicago- land Cooperator. CONDOS, CO-OPS... continued from page 25 Chicago’s Premier Property Managers of Luxury Lakefront Cooperative and Condominium Highrise Communities 312.564.5900 The Building Group, Inc. 1221 North LaSalle Chicago, IL 60610 EXPERTS ADVISORS PARTNERS INTEGRITY ACCOUNTABILITY TRANSPARENCY BuildingGroup.com Making your home more beautiful... more comfortable... more financially secure... and above all...more valuable See us at Booths 305, 307