Occasionally, a struggling condominium association will mention receivership and wonder if it is an effective solution to their chronic condo woes.

Receivership is when a property manager is ordered by a court to manage a dysfunctional condominium association. The administration and maintenance of the building is handed over to the manager, who is given the power to make all decisions for the building. The idea of giving up the responsibilities of running your association may seem attractive, but there are a number of reasons why receivership may not be right for your building.

  1. Receivership is expensive. The owners will need to take legal action to pursue receivership in court. If a receiver is appointed, the owners will have to pay the receiver as well as bear the burden of all of the building's expenses. This will increase the financial burden on the owners rather than alleviate it.
  2. You must prove your inability to manage your own building. A judge must be convinced that receivership is the only option, and that all efforts by the owners to manage themselves have failed. Apathy or a lack of involvement by owners is not a compelling reason for a judge to order a receiver.
  3. Owners give up control. Owners will no longer have the right to make any decisions about their own property. The loss of control in addition to increased expenses for receivership will likely lead mean a less desirable living experience, rather than an improved one. Just because someone else has the responsibility to make decisions doesn't mean you'll be happy with what they decide.
  4. Receivership has no time limit. The receiver will remain until the court is satisfied that the problems in the building have been fixed. There is no set timeline for how long a receiver has to fix what is broken.

Receivership should be considered a last resort. If you truly feel that you have no other option, you should consult a qualified condo law attorney for assistance.

Condo owners are often unaware of how insurance coverage works in the case of damage to a unit. Your association's insurance policy covers the building's Common Elements. It does not cover all of the contents of your unit. Every condo owner should carry their own insurance policy that covers their own personal property and other parts of their unit that are not covered by the association's policy. 

Unit Owner's Property Insurance Should Include:

  • Floor covering, wall, and ceiling coverings
  • Additions, Alterations, Improvements, and Betterments

Important Points to Consider:

  • Although the association policy includes coverage for water damage to the building, it does not cover water damage to your personal property.
  • "Mandatory Unit Owner Coverage" as defined by the Illinois Property Condominium Act: The board of directors may require condominium unit owners to obtain insurance covering their personal liability and compensatory damages to another unit caused by the negligence of the owner or his/her guests, residents, or invitees, or regardless of any negligence origination from the unit. 

Other Considerations for your Condo Policy Include:

  • Coverage for back up of sewer and drains
  • A "Special Coverage Form" for Improvements and Betterments and Personal Property
  • Extended Replacement Coverage for Improvements and Betterments 

To learn more, click here.

 

 

Recycling can get confusing. What is recyclable? What isn't recyclable? Will the City charge me to pick-up my unwanted furniture? We have your answers. 

Recycle These:

1. Cartons

2. Glass Bottles and Jars

3. Metal Cans and Foil

4. Paper and Cardboard 

5. Plastic Containers

Keep These Out:

1. Garbage

2. Plastic bags or Wrap

3. Food and Liquids

4. Scrap Metal

5. Tanglers (cords, cables) 

Items Picked up by the City, Free of Charge:

1. Leaves and Yard Clippings

2. Yard Waste

3. Furniture

4. Major Non-Working Appliances

5. Old Mattresses

To learn more about recycling in Chicago, click here.

Recently, a team of plumbers rescued a kitten that got stuck in the pipes of a Chicago condo building. The cat had slipped into an uncovered gutter and found its way into the sewer system.

The plumbers found the kitten in a six-inch diameter pipe which, coincidentally, had a break. The break made for limited options when it came to rescuing the kitten.

The plumbers were approved by the condo association to fix the pipe and the little fur ball was pulled out safely.

All condo buildings need routine plumbing maintenance to keep lines clear and avoid backup of water and sewage into the building. And while kittens aren't a common problem, you never know what may be in the pipes!

Read all about the kitten rescue here.

 

Your condominium association's monthly income in the form of assessments (or HOA dues) is vital to the financial health of your association. If your association does not have a policy in place to enforce timely payment and address late payers, your ability to pay the association's bills may be compromised.

The goal of a Late Fee policy is to encourage timely payment and to collect all of the money due to the association so that it can function properly. It should not be so excessive as to make payment burdensome for owners who fall a bit behind. And it should not be used to repeatedly penalize owners for balances that remain unpaid. Unresolved balances should be addressed with prompt collection action rather than simply piling on repeated fees.

Here are a few tips for an effective Late Fee Policy:

  • Set a monthly due date for assessments. Ideally, this is by the 5th of the month but could be the 7th, 10th or 15th. Do not allow owners an entire month to pay.
  • Apply a Late Fee if the monthly payment is not made in full by the due date. Late Fees should not exceed more than $25 or $30/month. Excessive Late Fees can create more financial problems for owners who are already strapped.
  • Take action early when an account remains unpaid. Communicate directly with the owner about their plan to get caught up. If an owner is not cooperative, enlist the help of a debt collector or attorney to address the problem. Old or accumulating balances will be ignored unless the board takes action. The squeaky wheel gets the grease!
  • Be educated about the cost of collection, and be sure to let the delinquent owner know they will be charged collection fees if the board has to enlist help, and how much it could cost them if they don't get caught up. Many owners aren't aware that they will bear the cost of collecting their unpaid assessments.

Creating a reasonable Late Fee Policy and applying it consistently to all owners can help to keep your association's finances on track.

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