Q. I am a unit owner in a condominium association where the association took possession of my unit due to an eviction lawsuit for unpaid common expenses. The association had possession of my unit for two years and leased my unit to pay down my delinquency. However, when the unit was returned to me as the rightful titleholder, the unit was trashed with areas of mold, debris and damage due to the actions of the association’s tenant. The association refuses to repair the unit. Is the association liable for the damages?
A. Pursuant to the Illinois Code of Civil Procedure, a condominium association may legally obtain possession of a condominium unit per an eviction lawsuit for delinquent common expenses. As a landlord with a possessory interest, the association may then lease the unit to a tenant to pay down the assessment delinquency. However, with such a right, the association has the responsibility to keep the unit in good order and return it in substantially the same condition, less reasonable wear and tear.
To the extent the association’s tenant caused damage to the unit, not only is that tenant liable for the damages, but the association may also be liable because it had legal possession of the unit. The association may ultimately have to pursue the tenant for damages per the lease if the association is held liable for damages.
Q. My homeowner’s association replaced the concrete sidewalk and driveway in front of my home as part of its responsibility. Since the replacement, I have noticed water pooling on the concrete instead of draining to a lower point. During the winter, I have noticed patches of ice. Is the board required to replace the concrete to address this hazardous condition?
A. Pooling of water on concrete does not necessarily mean the concrete was installed defectively. There are applicable local codes, and construction guidelines, relating to the installation of concrete. If an engineer opines that the concrete sidewalk and driveway was installed in violation of applicable codes or construction guidelines, the association will be responsible to abate the conditions, which will likely mean asserting a claim against the contractor who improperly installed the concrete.
It should be noted that even with properly installed concrete, Chicago freeze-thaw cycles commonly create ice patches in winter so a policy of addressing the slippery condition might be in order.
New statute affecting community associations
On Tuesday, the Just Housing Ordinance took effect in Cook County, restricting the ability of housing providers to inquire about a prospective tenant’s criminal history.
The ordinance imposes new burdens on housing providers who require criminal background checks for prospective tenants. Condominium and community associations that conduct criminal background checks must comply with the ordinance.
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In sum, the ordinance states: (i) landlord must issue to prospective tenants certain required disclosures before accepting an application fee and before running a criminal background check; (ii) that criminal background checks are not permitted until after the applicant’s lease has been conditionally approved; (iii) that only convictions from within the past three years, or convictions that resulted in a current sex-offender registration or residency restriction may be considered for a denial; and (iv) landlords must conduct an “individualized assessment” based on several factors outlined in the ordinance’s rules.
If a landlord elects to deny a leasing applicant based on criminal history, the applicant must be provided a copy of the background check and any tenant selection criteria, an opportunity to dispute the criminal history/background check and written notice stating why the denial on the basis of criminal history is necessary to protect against risk to personal safety or property of others.
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