Q. My condominium unit is one of two garden-level condos in a small condo association. Four times in the last eight years, both garden units have experienced flooding during heavy rains allegedly because of backed-up sewers. We approached the board several times, and they merely respond that this is a “once-every-100-years storm” that causes the flooding. Obviously, we have flooded many times in the last eight years, so that is not true. Any advice?
A. The retention of a licensed plumber to analyze the cause of the problem is the first step to determine the actual cause of the flooding, which is necessary to determine whether it is an association expense or a city of Chicago issue.
Sometimes in these situations, the cause of a flood relates to the association’s common element plumbing pipes coming into the building, which would mean the board must abate the problem; however, if the actual cause is the city sewer system, working with the city to find a solution is the appropriate step.
Q. I live in a six-unit, self-managed condominium building. Due to the size of our building, we need everyone involved with the administration of the association, but one of the owners barely participates, and he is the treasurer. Is there anything we can do to ensure all unit owners participate?
More Top Picks Best Baby Swings
A. There is no basis in the law to require unit owners to participate in the administration of an association. While small associations tend to govern by consensus, the administration of the association rests squarely with a board of directors.
If the governing documents of a very small association state that the board comprises the same number of people as there are units, the solution would be to amend the bylaws to reduce the number of board directors to three. The net effect would be to reduce the number of persons required to administer the association.
If the treasurer refuses to participate regardless of attempts to encourage him to do so, the board may remove the treasurer from office with a board vote and approve another board member to be the treasurer.
Q. I live in a suburban homeowners association. Our association is exempt from the Common Interest Community Association Act (CICAA) because it is has an annual budget of less than $100,000. However, our association is organized under the General Not-for-Profit Corporation Act of 1986.
I understand that Section 18.5 of the Illinois Condominium Act governs master associations, but does it also govern homeowner associations exempt from CICAA?
A. Just because a community association is exempt from the Common Interest Community Association Act does not mean a community association is governed by Section 18.5 of the Condominium Act.
Section 18.5 of the Condominium Act governs master associations, also known as umbrella associations, not community associations. Section 18.5 states that a master association exercises powers over a development comprising one or more separate condominium associations in a development.
In the absence of applicability of either CICAA or Section 18.5 to a community association, that association is still governed by the provisions of its declaration and bylaws, and the General Not-for-Profit Corporation Act, regarding everything from powers and duties of the board of directors, notice of meeting to owners, removal of directors and the like.