Q: I live in a townhome association that had 224 ash trees until recently. Since 2007, the association had been treating our ash trees yearly due to the emerald ash borer epidemic. However, the board decided to no longer treat the trees yearly and retained a contractor to cut them all down. This has adversely affected the curb appeal and value of my property. Can the board do this?
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A: The emerald ash borer epidemic has wreaked havoc on ash trees throughout the Chicago area and far beyond. It has affected not only ash trees in all community associations, but in municipalities, and in fact, tens of thousands of ash trees have been cut down around the country to prevent further infestation and to avoid the high cost of yearly treatments.
In a community association, the board’s authority to administer landscaping would be stated in its declaration and bylaws. Most commonly, community association boards have control over landscaping and, assuming such authority exists, would include cutting down infected ash trees on the property.
Of course, the board is also well within its rights to replace the ash trees with a different variety of new trees. Depending on the association’s budget, the new trees could be developed instead of saplings.
Q: I live in a self-managed condominium association. Recently, the unit owners received a correspondence from the board stating that due to the association’s cash position and age of the building, the board decided to increase the budget 15 percent, effective Jan. 1. However, the 2016 budget was not discussed at any board meeting, nor was one voted on, nor was a copy of a proposed 2016 budget provided to unit owners. Is this increase in assessments effective and enforceable?
A: Pursuant to Section 18(a)(8) of the Illinois Condominium Property Act, a condominium board may increase its budget 15 percent over the previous year’s total assessments (regular and special) without any unit owner rejection rights. In the event the increase is more than 15 percent, the unit owners may institute a series of procedures to reject such a budget.
To adopt a budget, pursuant to Section 18(a)(6) of the Condominium Act, unit owners must receive, at least 30 days prior to the adoption thereof, a copy of the proposed annual budget. And most importantly, the board must adopt the proposed annual budget at a properly called board meeting; otherwise, any such budget is not enforceable.
Q: I serve on the board of my condominium association. Our board president refuses to utilize Robert’s Rules of Order or any version of rules of order. Many times, the president rewrites the approved minutes, offers motions and unilaterally decides whether to second his own motion. What remedies does the board have to address this situation?
A: Robert’s Rules of Order is not binding on condominium associations unless so stated in the bylaws. However, to maintain decorum and accomplish business, basic parliamentary procedures should be followed.
Pursuant to Section 18(b)(13) of the Condominium Act, the president presides over meetings, which means that the president calls the meetings to order and conducts the meeting. The president does not have any special authority to unilaterally overrule motions of other board members, second his own motions or modify the content of approved minutes. Such decisions rest within a majority vote of the board. The board of directors is a mini-democracy and a majority vote of the board controls.
If all else fails, officers can be replaced by a majority of the board, so if all the other board members so desire, at any time, a majority of the board can remove the president from his officer position. That person would still be a board member at large, though.