HausFS clients have been steadily reporting on the receipt of their rebate checks from the city - $75 per unit! While we understand that rebates are pretty severely delayed, associations that file annually should see a check each year.  We are currently preparing 2010 rebates for our clients.

If your association contracts out its waste removal to a private hauler and has a recycling program in place, you are eligible for an annual rebate.  Filing deadline for the prior year is always 12/31 - you cannot file for prior years once the deadline passes.  Associations can also file for the Jan-June period during the current year if more than $75/unit has been spent on waste removal during that period.

This is a fairly simple way to put money back into your small association.  Get your forms here!

The proposed rules for the administration, implementation and enforcement of the recently enacted Community Association Manager Licensing Act  were published on May 6, 2011.

The Illinois Community Association Manager Licensing Act (Act) is a law passed by the Illinois Legislature in 2009 that requires professional community association managers to obtain a professional license to work in the state. This law is recorded as Public Act 96-0726.

The goal of this law is to provide for the regulation of community association managers to ensure that those engaged in the profession have a minimum set of qualifications needed to manage community associations. It also provides for the maintenance of high ethical and professional standards within the profession and creates disciplinary procedures.

FAQ about the Licensing Act

Proposed Licensing Rules

I've encountered several clients recently who seemed to be conducting meetings where board members were making decisions but unit owners were not notified of the meeting and were not invited to attend.

It's important to understand that ANY meeting of the board where decisions will be made and action taken must be open to all unit owners.  While owners do not vote on the matters at hand during a regular board meeting, they do have a right to observe the proceedings.

Board members can share information and discuss the issues that will be voted on at the meeting prior to the actual meeting, but whenever a decision is made that vote must be officially recorded in an open board meeting.  (The only exception would be where emergency action must be taken in order to address damage to the units or common elements or potential injury to the owners.)  

The IL Condo Act requires at least 48 hours' notice of a board meeting.  Your By-Laws may show a different requirement.  More about meeting notices here.

Certain topics should not be discussed in an open portion of a meeting.  See a previous post on this.

From CAI...

Leasing restrictions have been one area of the FHA condominium guidelines that has caused problems for associations seeking to get FHA approvals. CAI has brought this issue to FHA’s attention and has petitioned FHA to review these criteria. On March 18, 2011, FHA issued a waiver that will provide greater flexibility on leasing restrictions under the FHA condominium insurance program. This means that many condominium associations whose FHA approval was rejected due to rental restrictions may now qualify under the FHA waiver.

One of the most important exhibits to every association's Declaration is the statement of ownership percentages.  This document details the portion of the common elements owned by each unit.  Ownership percentages are determined by the developer when the condominium is created and are based on a number of marketing criteria at the developer's discretion.  A smaller unit on an upper floor might have a greater ownership percentage assigned than a larger unit on a lower floor, if city or lake views make the unit more desirable, for example.

All owners pay assessments based on their ownership percentages as a portion of the total annual operating budget. Special assessments also must be paid based on ownership percentages.  A unit with 10% ownership does not pay the same amount toward a new roof as a unit with 20% ownership.  Boards should be sure to calculate all assessments correctly to ensure enforceability if collection action is needed.