Page 9 - The Chicagoland Cooperator Summer 2020

CHICAGOCOOPERATOR.COM
THE CHICAGOLAND COOPERATOR —
SUMMER 2020
9
partment does not have regulatory or en-
forcement authority related to the CPA or sary to prevent damage to the common
CICAA. The Illinois legislature, through elements or to other units. (765 ILCS
CICAA, created the Office of the Con-
dominium and Common Interest Com-
munity Ombudsperson in the Division community association boards have fidu-
of Real Estate (“Division”). The mission ciary duties to unit owners which likely
of the Ombudsperson is to provide in-
formation to unit owners, condominium affecting the common areas or which
and common interest community associa-
tions, and their respective boards.”
The FAQs
Q. The COVID-19 pandemic is caus-
ing me financial hardship and I’m hav-
ing trouble paying my assessments.
What can I do?
A. The CPA expressly prohibits condo-
miniums from forbearing the collection of
assessments: “The Association shall have
no authority to forbear the payment of as-
sessments by any unit owners.” 765 ILCS
605/18(13)(o). However, we suggest that
you ask your association to consult with
its attorney as to whether the association
may enter into a reasonable payment plan
with owners experiencing severe finan-
cial hardship in light of the COVID-19 so is the analysis and approach to reopen-
pandemic. Any such payment plan would ing common amenities. Associations and
have to take into account the board’s re-
sponsibility to protect the financial health reasonable decisions given the knowledge
of the association. Your association may that the virus is easily transmitted and in
also consider adopting a policy for waiv-
ing late fees.
Q. Under current law, are virtual
board meetings acceptable?
A. The simple answer is “yes,” under-
standing that proper notice of a meeting, For example, opening a fitness center in
generally 48 hours in advance by mail or a condominium could be problematic, as
email and posting of the notice, must be there may be asymptomatic carriers of
given. That notice should include specific, COVID-19 utilizing the facility and there
detailed instructions on how unit own-
ers can attend those meetings in a vir-
tual manner. Whatever form of electronic uses. For a complete copy of Governor
means is used, all persons must be able to Pritzker’s “Restore Illinois” Plan, please
hear one another and be heard.
The CPA provides that the bylaws of
each association must provide that board
members may participate in and act at any
meeting of the board of managers in per-
son, by telephonic means, or by use of any
acceptable technological means whereby
all persons participating in the meeting VID-19, and consistent with social dis-
can communicate with each other; and tancing requirements, associations would
that participation constitutes attendance be well served to follow the guidelines put
and presence in person at the meeting.
The Illinois General Not for Profit Disease Control and Prevention (“CDC”)
Corporation Act applies to condomin-
ium and common interest community Health (“IDPH”). For more information,
associations and authorizes both virtual please visit their respective websites: CDC
member and director meetings. (805 ILCS (www.cdc.gov) and IDPH (www.dph.illi-
105/107.05(c); 805 ILCS 105/108.15(c)). nois.gov).
Therefore, a meeting could occur by con-
ference call, Skype, Zoom, or other ac-
ceptable technological means.
Q. Is there a requirement that I al-
low building personnel, such as mainte-
nance staff, entry into my unit?
A. The CPA specifically empowers the
board to have access to each unit as may
be necessary for the maintenance, repair,
or replacement of any common elements
or for making emergency repairs neces-
605/18.4(j)). The CICAA does not contain
a similar provision, but common interest
would include attending to emergencies
could cause damage to other units.
In non-emergency situations, or where
there is no reasonable basis for a well-be-
ing check, unit owners concerned about
the transmission of COVID-19 can re-
quest that building personnel not enter
their unit.
Q. The Governor’s “Restore Illinois”
plan established a five-phase approach
for reopening the State of Illinois. The
plan indicates that gatherings of no
more than ten people in Phase III or fifty
people in Phase IV may gather; can as-
sociations reopen private fitness centers,
swimming pools (indoor and outdoor),
or other amenity areas?
A. Just as every association is different,
their boards must make informed and
accordance with the current phase of Gov-
ernor Pritzker’s “Restore Illinois” Plan.
Depending on the amenity in question,
associations and boards should undertake
measures that reduce transmission risk.
may be no guarantee that individuals are
properly cleaning equipment between
visit: www.coronavirus.illinois.gov.
Q. Are individuals required to wear
face coverings in common areas of our
community outside of our individual
units, such as hallway, elevators, lobbies,
etc.?
A. In order to limit the spread of CO-
forth by both the United States Centers for
and the Illinois Department of Public
Q. Is construction or repair work per-
mitted in my unit under the Governor’s
Executive Orders?
A. Governor Pritzker’s Executive Or-
ARREARS...
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