Q My condo's board recently approved a plan to provide an office for our property
manager. Since the building did not have a space for an office, they want to
put up walls in one of our common areas, so the property manager has a place to
work. I understand the property manager needs an on-site place to work, but it
will shrink our club room considerably, which I assume was part of the price
tag of my unit. Will this decrease unit values if the common area is
compromised? Is it legal for the board to approve something like that?
—Legally Speaking
A “Your board is not permitted to reconfigure common space. A change to common
space requires 100% unit owner approval to amend the percentage of ownership
interest assigned to units in a declaration or unless otherwise provided by
law,” says Chicago-based attorney Sima Kirsch. “Such a change requires an amended plat to be prepared and recorded. If the board
does not voluntarily reverse their decision, a petition for declaratory
judgment and injunctive relief will provide an adequate remedy. Section 8 of
the Illinois Condominium Property Act specifically prohibits partition of
common elements except if the association follows required procedure: 'As long
as the property is subject to the provisions of this Act the common elements
shall, except as provided in Section 14 hereof, remain undivided, and no unit
owner shall bring any action for partition or division of the common elements.
Any covenant or agreement to the contrary shall be void.'”
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