Practical Guidance on Assistance Animals in HOAs

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Written by Alexa Jackson

Category: What We're Thinking About Lately...

Published: 16 March 2020

Under the federal Fair Housing Act, assistance animals are not considered pets and housing providers, including HOAs, must make reasonable accommodations to permit them. However, a historical lack of guidelines and definitions surrounding assistance animals has hindered disabled people while allowing abuse by people not needing assistance.

Recently, HUD issued practical guidance on assistant animals, outlining an 8-step process for responding to requests, with helpful tips for each step.

Associations, their board, and their managers should be aware of the existence of Fair Housing laws and regulations at the state and Federal level.

To learn more, click here.

How Should Homeowner and Condominium Associations Handle Coronavirus?

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Written by Alexa Jackson

Category: What We're Thinking About Lately...

Published: 09 March 2020

When it comes to the coronavirus, association boards should be vigilant, but there are limits to what a community association can do to fight illnesses. While the virus should be taken seriously, there are still many unknowns surrounding transmission and prevention.

Similar to the flu, associations can provide owners with general, useful tips for staying healthy. They also may need to postpone or cancel events in common areas.

In general, directors should consider possible future steps, but approach the situation reasonably and calmly.

Learn more here.

A Refresher on Palm II - Board Communication

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Written by Alexa Jackson

Category: What We're Thinking About Lately...

Published: 04 March 2020

It has been several years since the Palm II case caused chaos in the Illinois association world, and several board members still seem to be lax on following corporate formalities.  So, here is a refresher on the law.

Condominium and homeowner association are not-for-profit corporations that are required to act through their board via the formalities provided by Illinois law and the Association’s governing documents. However, oftentimes in a rush to get things done, board members fail to follow the formalities and thus put the entire board at risk of breaching their fiduciary duties.

In Palm II, the Illinois Appellate Court held that a quorum of board members should not engage in private discussions of board matters. Private meetings of board members or workshops/email exchanges between members are considered “conducting board business.” And are improper outside of a duly-noticed open board meeting.

Board members should consider delegating more authority to their property managers or simply hold open meetings more often to comply with Illinois law.

Read more, here.

How Should You Choose a Snow Removal Company?

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Written by Alexa Jackson

Category: What We're Thinking About Lately...

Published: 24 February 2020

We've had a relatively mild winter so far, but snow is again on its way to Chicago! If you are comparing snow removal companies, here are three factors to consider.

Experience and Reputation

Taking the time to find, vet, and hire a reputable and experienced company will help ensure that your association is taken care of quickly and appropriately.

Contract Review

Before hiring a snow removal company, have your association’s attorney review the contract to ensure it protects the community. Every contract should contain:

• A specific start and end date
• Detailed areas that are to be plowed, shoveled, or blown 
• When snow should be removed from your association 
• Insurance requirements
• Provisions for keeping a snow log
• 24-hour telephone availability to address problems with melting snow and ice formation
• Language requiring that the contractor is responsible for property damage done to any part of the association due to negligence

Liability

It is vital to confirm that your snow removal contractor carries the correct type and amount of liability insurance, as snow and ice can expose your association to a great deal of liability.

To learn more, click here.