A review of the subjects that cannot be discussed in an open Board meeting

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Certain topics are off limits in open Board meetings.  Those topics must be discussed during a closed portion of the meeting, which non-Board member owners cannot attend.  Per the IL Condo Act:

"(4) Meetings of the board of the master association shall be open to any unit owner in a condominium subject to the authority of the board of the master association, except for the portion of any meeting held:

(A) to discuss litigation when an action against or on behalf of the particular master association has been filed and is pending in a court or administrative tribunal, or when the board of the master association finds that such an action is probable or imminent,

(B) to consider information regarding appointment, employment or dismissal of an employee, or

(C) to discuss violations of rules and regulations of the master association or unpaid common expenses owed to the master association.

Any vote on these matters shall be taken at a meeting or portion thereof open to any unit owner of a condominium subject to the authority of the master association."

While the Board cannot discuss the matter in an open session, any vote to act in regards to the matter must be conducted during the open portion of the meeting.  If there are sensitive topics to discuss, the Board can conduct a closed portion of the Board meeting prior to the open meeting so that votes can be taken during the open portion.

Gas leaks? Call the gas company first!

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Just a quick post about suspected gas leaks.  We have gotten a few emails from clients lately who think there may be a gas leak in their unit or the building.  We don't handle building maintenance for our clients and we are not on 24/7 call, but regardless, we shouldn't be the first point of contact for an issue such as a gas leak.  As a gas leak could result in serious consequences, it's important to call the gas company immediately if you suspect a leak.

The emergency phone number for Peoples Gas is 866-556-6002.  This is the number that should be used for reporting suspected gas leaks.  

"Selling" a special assessment to your owners

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Found this article on special assessments on another HOA website.  You need to sign up to access the full article (and maybe pay a fee), but the short version makes an interesting point about allowing time for owners to process the idea of a special assessment, comparing it to the stages of grief. 

Having an effective Reserves Policy can help to eliminate the need for special assessments (and avoid the angst for owners altogether).  See our "Best Financial Practices" guidelines for ways to ensure your financial stability and avoid the stress involved in special assessments.  

Rights & Responsibilities - A Handout for Condo Owners

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Today I received an inquiry from a condo owner who was concerned about new Rules & Regulations that his association had proposed.   What struck a nerve for me was a comment he made about "reducing residents' ability to live as they wish without interference."  The fact is, when you are living in a community such as a condominium association, no individual can "live as they wish."  Each owner is a member of a whole that requires rules and structure to ensure that everyone can live peaceably without infringing unnecessarily on anyone else's right to the same.  

I often recommend that condo owners review and adopt CAI's "Rights & Responsibilities for Better Communities."  It's a great reminder that when you are living in a condominium community, the needs of the whole must be balanced with the needs of each individual.  We cannot each "live as we wish" when we are each living as a part of a whole.

Always Keep a Record of Your Assessment Payments

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We often receive money orders from owners as payment for their monthly assessments.  Occasionally, we receive cash.  The problem with these forms of payment is that there is no concrete record (such as a check that has cleared the bank) that the owner has made the payment.

In the event that the association has not been keeping accurate records, the burden of proof for payment of assessments will fall to the owner.  We've reviewed association books that have been neglected or handled incompletely (or even criminally) by a Board member and the only way to get an accurate picture of the association's financial situation is to return to the source documents.  When owners can provide clear proof of payments they have made, the records can be properly reconstructed.

If you pay your assessment by money order or cash, make a point of retaining a copy or getting a receipt so that you can provide proof of payment in the future if necessary.