Category: Q&A

Q&A Q&A: Inserting ADR Into the Application
2019 August Q&A: Inserting ADR Into the Application

Q. Can we include an alternate dispute resolution (ADR) in our co-op’s application itself? Since the applicant is not a shareholder yet, is this legal? If we reject a candidate, we would like to avoid the threat of litigation and use our …

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Q&A Q&A: Hiring a Tax Attorney
2019 August Q&A: Hiring a Tax Attorney

Q. As a condo association in Illinois, do we have a fiduciary duty to hire a property tax attorney in an effort to lower our assessed valuations? If successful, each owner would pay a percentage of the first year’s savings.        —Seeki…

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Q&A Q&A: Smoking on the Balcony
2019 May Q&A: Smoking on the Balcony

Q. I’m a resident owner in a 56-unit condo building, and share a common balcony with my next-door neighbor, divided by just a short rail. I have sensitivity to cigarette smoke, and don’t believe it’s fair that the building allows smoking …

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Q&A Q&A: Dysfunctional Board
2019 May Q&A: Dysfunctional Board

Q. We have a board that just doesn’t get along. I am the president, and one of the other board members is a big bully. It’s really hard to deal with him, and I hear from contractors that he is nasty. He wants to run it all. No matter what…

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Q&A Q&A: When an Owner Who Owes HOA Fees Is Now Bankrupt
2019 March Q&A: When an Owner Who Owes HOA Fees Is Now Bankrupt

Q. What can be done if a unit owner who has not paid his or her maintenance for a year – and owes the association $30,000 – has now declared bankruptcy? How does the association get its money?                            —Concerned Stakeh…

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Q&A Q&A: Pest Control Responsibility
2018 November Q&A: Pest Control Responsibility

Q.   I was wondering about pest control responsibility. I live in a condo building. I’m getting constant roaches in my unit. I’m a very clean person and had no problem for 10 years. Obviously the building is infested. Who supposed to fix …

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Q&A Q&A: Landscaping Fight
2018 October Q&A: Landscaping Fight

Q. I am a condo unit owner with a patch of HOA-owned grass near my unit that was overlooked for many years. Over the past six years, I have slowly landscaped the area in accordance with the landscaping of the complex. No one from the boar…

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Q&A Q&A: Getting the Cold Shoulder From the Board
2018 October Q&A: Getting the Cold Shoulder From the Board

Q. We have a board member who has been locked out of meetings. According to that board member, the board has formed an Executive Committee that has, for all intents and purposes, shut them out. The board member no longer able to view boar…

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Q&A Q&A: Disclosing the Health Information of an Owner
2018 September Q&A: Disclosing the Health Information of an Owner

Q. “Say a shareholder spoke to the president of the board and disclosed his or her health condition. And later on, the president lost re-election to the board and found out that the shareholder did not vote for them. The ousted president …

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