Page 11 - The Chicagoland Cooperator Summer 2020

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THE CHICAGOLAND COOPERATOR —
SUMMER 2020
11
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I
I
REALTY
&
mort a e
g g
Property Management
Since 1906.
Call Us and Ask About
Our Customized
Management Program.
Hugh Rider
773-989-8000
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www.realtymortgageco.com
gests that there are special considerations are encouraging or requiring residents to
that condo communities should address in cover their faces when in common areas;
the age of COVID-19.
The Daily Law Bul-
letin
provides several after speaking with at-
torneys and regulators in the industry.
1.
With gatherings restricted to 10
people or fewer, condominium boards
can make use of “acceptable technological
means” of participating and acting in meet-
ings
that are provided by law in the Con-
dominium Property Act. In Illinois, these however, be expected to guarantee people’s
meetings must be “open to any unit owner,” personal safety, he says.
with a specific list of exceptions based on
the subject matter to be discussed, notes the
Daily Law Bulletin.
Conference calls or video conferencing
tools are a socially distant way for boards cifically prohibits boards from forbear-
to comply, indicates Patrick T. Costello, ing the collection of assessments,” says the
a shareholder at Keay & Costello P.C. in IDFPR, “but it’s probably wise for them to
Wheaton, who co-chaired the Community consult with their attorneys to determine
Associations Institute’s Illinois legislation whether reasonable payment plans that are
committee in 2014 when the organization uniformly applied and will not cause harm
helped draft the electronic voting bill allow-
ing condo boards to function remotely. “I can be developed.”
think the concept under both the Condo-
minium Property Act and under the Palm or waive late fees, Costello indicates to the
II case is that unit owners must be able to at-
tend and watch the board conduct its busi-
ness,” Costello said.
A statement from IDFPR confirmed that ty to meet its expenses. A condo association
virtual condo board meetings are accept-
able as long as the board gives proper notice lord or commercial property owner, notes
of a meeting—typically 48 hours in advance Costello. “It becomes really difficult for an
by mail or posting that includes “specific, association to allow people to not pay as-
detailed instructions on how unit owners sessments for months on months,” he says.
can attend ... in a virtual manner,” notes the
Bulletin.
2.
The Condo Act provides for boards
to take emergency action
in situations de-
fined as “an immediate danger to the struc-
tural integrity of the common elements stricted due to COVID-19 are also unlikely.
or to the life, health, safety, or property of Costello points out that “The expenses still
the unit owners.” A dangerous, contagious generally exist for that period of time,” even
pathogen certainly creates a health risk, if nobody’s allowed in.
notes the
Bulletin.
As long as the board ratifies the action ing on lines of credit or delaying spending to
at a subsequent open meeting and notifies reduce cash demand in the months ahead,
owners about its actions within a week of but “[t]hey’re not getting any bailouts from
the emergency, “[f]or the most part, most governments,” he tells the
practitioners would say you could follow
that using the general emergency doctrine,”
says condo attorney Michael C. Kim of Mi-
chael C. Kim & Associates.
3.
Special precautions to limit viral ex-
posure and protect vulnerable residents
should be taken in condo communities.
“Considering the fact that numerous as-
sociations, especially in Chicago and other
large cities, have populations larger than
those in some Illinois municipalities, asso-
ciations may want to emphasize the partic-
ular importance of sheltering in place and
practicing responsible social distancing,”
reads the IDFPR statement. “Associations
are also developing or updating lists of older
residents and those otherwise at greater risk
of susceptibility to COVID-19 in order to
inform first responders should that be nec-
essary.”
The IDFPR has observed that most asso-
ciations have ramped up cleaning measures;
have closed shared amenities like pools,
gyms, and party rooms; and are limiting the
number of riders in elevators at one time.
Kim tells the
Bulletin
that boards face
the same standards as always: a fiduciary
duty to operate the association in a prudent
manner, and a duty of care not to engage in
foreseeably harmful conduct. They cannot,
4.
Assessments and amenity fees can-
not be reduced or eliminated in response
to hardships.
“The Condominium Property Act spe-
to the financial stability of the association
Boards do have the option to suspend
Bulletin
, but anything that limits cash flow
creates its own management headaches and
can disrupt or impede an association’s abili-
is a not-for-profit organization, not a land-
While courts currently aren’t hearing
eviction cases, collection actions can still be
filed to start the process, notes the
Bulletin
.
Refunds for fees for amenities or club-
house facilities that have been closed or re-
Kim says associations can consider draw-
Bulletin.
Development
Gold Coast Galleria Owners Oppose
Proposed New Neighbor
The Real Deal
reports that a planned
43-story residential high-rise on a parking
lot next to the Gold Coast Galleria con-
dominium tower at 111 W. Maple Street is
eliciting a strong negative response from the
condo’s residents.
The proposed 406-unit building, by pro-
lific Chicago developer Fifield Companies,
would block sunlight and airflow to certain
units at the Galleria, create additional traf-
fic, and drastically reduce property values,
according to those who oppose its construc-
tion. The opposition also contends that the
proposed size of the building is objection-
able.
Per reporting attributed to the
Chicago
Tribune,
the new building would be sepa-
rated from the Galleria by an alley that both luxury building in the Loop at 310 S. Michi-
buildings would use to access their parking gan Ave., effective July 1.
garages. Wolfgang Suess, the treasurer of
the condo board association who also hap-
pens to be a real estate broker and investor, high-rise. Originally an office tower, the
characterizes this distance as “obnoxiously 30-story building was converted to a resi-
close.” He contends that Fifield “would be dential condo in 2007.
making money at the expense of well over
100 units that would have to look directly distinctive blue beehive beacon, Metropoli-
into their building.”
Development at this Near North Side wart of Chicago’s famed skyline,” said David
parking lot site would add to Fifield’s other Barnhart, VP of condominium manage-
four or so residential developments in Chi-
cago over the last few years. Fifield intends
to buy air rights from the nearby Annuncia-
tion Greek Orthodox Cathedral to increase Lake Michigan from its prime location on
the buildable square footage for which the Chicago’s Cultural Mile, is a jewel in Habi-
site is zoned, according to the
Tribune
. That tat’s growing condominium portfolio,”
purchase plan includes adding a 12-story Barnhart added.
community center and parking structure
for the church.
Suess tells the
Tribune
that the Gold ward to establishing a valuable partnership
Coast Galleria condo board association with Habitat to provide turnkey building
plans to fight the proposal at “every step of oversight to superbly serve Metropolitan
the process.”
Formal community meetings have not
yet taken place, according to
The Real Deal.
Property Management
Metropolitan
Tower
Selects
New
Management: The Habitat Company
According to a June 25 press release from
Connect Chicago
, the Metropolitan Tower
Condominium Association selected The
Habitat Company to manage its 234-unit
According to the release, Metropolitan
Tower is known widely as Chicago’s first
“With its neoclassical architecture and
tan Tower is an instantly recognizable stal-
ment at Habitat, in the release.
“This landmark residential tower, which
offers protected views of Grant Park and
Condo association board president Brian
Whitlock remarked, “We are looking for-
Tower’s residents and commercial tenants.”
n
PULSE
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