Q: Our high-rise condominium building is undergoing a water riser replacement project. The project requires accessing the pipes between units by cutting open bathroom and kitchen walls to access the pipes. The unit owners have been advised the association will only restore the walls to the primer coat of paint; however, our bathtub walls have tiles. Is the association responsible for restoring the tiles on the walls?
A: With an aging building, a water riser replacement project is inevitable. The association’s responsibility governing the issue is contained within the terms of the declaration. In almost all circumstances, the association is not responsible for the replacement of wall coverings such as tiles or wallpaper, which is considered decor. It is standard for most declarations to only require the association to replace walls to the primer coat of paint.
Q: I live in a small town house community association in Chicago. I am the treasurer and just learned that our not-for-profit corporation entity is not in good standing with the secretary of state. Is it best to reinstate the current not-for-profit corporation and pay late fees, or establish a new limited liability company or other entity to govern the association?
A: The bylaws of a community or condominium association usually reference the intended legal entity of the association. In fact, associations are not required to be incorporated with the secretary of state, but it is always a best practice to do so for liability protection of the board members. Given the better attributes of a not-for-profit corporation for a community association versus a for-profit limited liability companies, it is a best practice to bring the current not-for-profit corporation entity back into good standing and pay late fees rather than create a new corporate structure.
Q: I live in a condominium association and request clarification relating to meeting agendas and board voting in meetings subsequent to the Palm v. 2800 Lake Shore Drive Condominium Association case (Palm II). Specifically, must meeting agendas be distributed to unit owners with the notice of meeting, and is the board restricted to only voting on issues listed on the agenda?
A: The Palm II case did not review or establish law concerning meeting agendas. While boards must deliver proper notice of board meetings to the unit owners consistent with the Condominium Act and the association’s bylaws, there is no requirement for the board to distribute agendas of a meeting. Further, in the event a board was to distribute a meeting agenda, the board is not restricted to only discuss or vote on motions relating to items described on the agenda.
Thus, at a properly called board meeting, the board may discuss any association business, and with a proper motion, vote on any association business.
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