Q: I am a unit owner in a midsize condominium association and a recently elected condo board has initiated a rather aggressive agenda of changes. One of the changes involved removing decorative ivy and hallway tables on each floor in the common elements and donating the items to a local charity. Does the condo board have the unilateral authority to remove and dispose of common element decorating?
A: Both Illinois caselaw and section 18.4(a) of the Condominium Act grant condominium boards quite broad powers to administer the common elements as the board sees fit, which absolutely includes decorating decisions. As such, while it is a common practice for boards to seek unit owner input for major decorating decisions such as major lobby or hallway redecorating projects, the board is free to remove ivy and hallway tables in the common elements and dispose of the decorations in either the garbage or donate them as the board sees fit.
Q: I am a unit owner in a condominium association that has many elderly unit owners. Due to the deteriorating mental faculties of some of the elderly residents, the community has experienced a steady stream of mishap incidents such as elderly residents leaving the water running, or leaving a gas stove on, and forgetting to turn them off. Our property manager says there’s nothing the association can do to force these elderly owners to seek assistance for their medical needs. What can the association do in these situations?
A: Condominium association boards are not granted the authority to make decisions regarding the medical needs of residents and/or force residents to seek assistance for their living arrangements. However, the association may discuss the issues with elderly owners exhibiting diminished mental faculties that are leading to property damage and safety hazards.
First, unit owners are liable for damages that arise out of the use and operation of their unit per Condominium Act and condominium declarations, and subject to fines for violative conduct, but that does not address the prevention of damages or safety hazards with an individual with diminishing mental faculties. Second, the board and management should lead with empathy and tactfully reach out to the owner/resident, and their immediate family or emergency contact person, to discuss the board’s concerns about safety issues and damage issues due to their forgetfulness. Many times, loved ones are instrumental in helping elderly owners with diminishing mental faculties coordinate the care they need, which may involve hiring appropriate assistance for the unit and sometimes, relocating to an appropriate facility.
Q: I am a board member of a townhome association. Our townhome front entries have two cement steps, however, there are no handrails for walking support. There is now a homeowner who wants to add a handrail allegedly due to a medical condition. What are the legal considerations for the architectural committee to be aware of in the situation, for instance, does the Americans with Disabilities Act (ADA) apply?
A: Besides the typical architectural committee standards that may be applicable in the community, the architectural committee must be aware that the Federal Fair Housing Act (FHA) applies in situations of housing and handicapped individuals where a properly documented disabled owner needs a modification to their home exterior or common area to ameliorate the effects of their disability. The homeowners association is required to allow certain modifications to the premises to ameliorate the effects of a disability; however, the association would absolutely have input into the decision and materials to be used in the modification and the homeowner is responsible for all the costs of the modification.
A common misconception is that the ADA applies in these situations, but the ADA only applies to places of public accommodation, not purely residential properties. The FHA is the federal statute applicable to reasonable accommodation requests in homeowners associations.
Got a question for the Condo Adviser? Email ctc-realestate@chicagotribune.com.
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