Q: I am on the board of directors of a small, self-managed condominium association. Now that the holiday season is upon us, the board has noticed several unit owners have hung lights surrounding their balcony railings. Does the board have the right to order the removal of lights hanging off balcony railings for uniformity of the appearance of balconies?
A: Yes, the board has the authority to order the removal of lights hanging off balcony railings and can levy fines or take legal action if the unit owner fails and/or refuses to comply. Per all condominium declarations, and the Condominium Act, the board administers the common elements. Balcony railings are deemed to be a limited common element, which is a portion of the common elements exclusively reserved for one or more units. Condominium declarations also expressly state that a unit owner may not modify or alter the common elements or limited common elements without board approval.
Q: I am on the board of a condominium association where a unit owner has been exhibiting erratic and unstable behavior that is concerning to many unit owners and the board of directors. What are the board’s options to address this type of situation?
A: The board is tasked with enforcing the association’s governing documents. The use and occupancy section of condominium declarations and bylaws include a prohibition of noxious or offensive activities, and sometimes nuisances.
In the event of any noxious or offensive incident, or nuisance if applicable, upon a written complaint or incident report submitted to the board or management describing the conduct, the board can do the following: send a warning letter, if warranted; issue a formal violation notice, and after giving the unit owner an opportunity for a hearing, levy a reasonable fine; and/or seek judicial intervention such as a declaratory lawsuit to obtain a court order to stop the conduct. Declaratory lawsuits are used only when the gravity of the situation requires such action and if violation notices and fines have been ineffective to abate the behavior.
Q: I am a unit owner in a condominium association and have watched a particular board member take it upon themselves to enforce the association’s governing documents. What authority do individual board members have to enforce the governing documents?
A: Individual board members do not have enforcement powers or decision-making authority unless such authority was expressly delegated by the entire board of directors to the individual board member at a meeting with a quorum. The board of directors as a whole is tasked with administering the association and enforcing the governing documents, including issuing notice of a violation and/or levying fines for a violation of the governing documents.
Got a question for the Condo Adviser? Email ctc-realestate@chicagotribune.com.
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