Most board members take their position seriously, but there are a number of potential liability issues if a board member isn’t careful. 

Here are some of the common mistakes board members should avoid:

  • Holding meetings incorrectly

It is considered a board meeting any time a majority of members are together and talking about association business. Board members should be aware of what can be discussed outside of a properly noticed board meeting.

  • Not adhering to governing documents

Every board member should read and become familiar with the bylaws and all other association documents. Failing to read and adhere to governing documents leads to legal liability.

  • Mismanaging association funds

Many condo boards fail to plan for emergency maintenance, repairs or long-term finances. Boards need to create realistic budgets and plan for the future.

  • Becoming overzealous

Sometimes new board members make big decisions too quickly. It is always best to weigh any major policy changes carefully.

  • Not seeking legal advice

If you are dealing with a situation that could possibly turn into a lawsuit, it is best to work with the association’s attorney for advice and procedure. 

There is a lot for board members to navigate when managing a condominium building. Consider hiring management support for guidance and direction on your condo business matters.

Learn more here.

The law office of Kovitz Shifrin Nesbit works extensively with condominium and homeowners associations.

Their attorneys have written multiple booklets on condo law, that can be viewed, downloaded, and printed for free from the KSN website. These are great resources for condo owners and board members.

Find the booklets here.

The Cook County Treasurer has released first installment 2019 property tax bills that must be paid no later than March 3, 2020.

These estimated tax bills are equal to 55% of last years total tax. Any change in your 2019 tax bill (exemptions, assessments, tax rates, or the Cook County equalizer) will be reflected in the second installment bill that will be issued this summer.

If you have a 2019 appeal pending, you must still pay this bill.

If you have a new Property Tax Index Number for 2019, your first installment tax bill will be $0 and all 2019 taxes will be payable on the 2nd installment bill issued this summer.

On March 21, 2020, Brainy Board will host a Board Member Boot Camp powered by KSN.

During the 4-hour boot camp, KSN attorneys will review guidelines, expectations and qualifications for condo, homeowner, or townhouse community board members.

Topics include board member roles, governing documents, board operations, budgeting, and recreational cannabis use in associations.

The event will take place from 8:30 am - 12:30 pm at The iO Theater in Chicago.

Find more information and register here.

While removing a problematic tenant from a rental building is relatively easy, removing a condominium owner is very difficult.

From a legal standpoint, it is important to distinguish whether the person being removed is the owner of the unit or that owner’s tenant.

Removing a Condo Owner

Unlike any other state, Illinois law allows the eviction of condo owners. However, a condo association has recourse against a unit owner only for monetary default issues. Owners cannot be removed for bad behavior.

When an owner is evicted, there is a 60-day stay issued during which the owner can pay the money owed. If they do, the eviction order is vacated. If they don’t, the owner is evicted from the premises.

Once the condo association has taken the unit, it can lease and collect rent on it. If the unit is already leased out to an acceptable tenant, the association can choose to let them remain or take rent from them.

Removing an Owner’s Tenant

Condominium boards lack the legal standing necessary to remove unit owner’s tenants, regardless of behavior. However, the condo unit owner can evict the tenant.

To learn more, click here.

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