Q. I am a unit owner in a high-rise condominium association and none of our common amenities are open due to COVID-19. What does Gov. Pritzker’s new “bridge phase” plan mean for at least the reopening of our pool?
A. On March 18, Governor J.B. Pritzker announced a new “bridge phase” between phases four and five of the “Restore Illinois” plan, which will ease the Phase four capacity limits. The bridge phase, as well as the continuing rollout of COVID-19 vaccines, allows community association boards to possibly reopen with restrictions, pools, party rooms and fitness centers (with social distancing protocols and sanitizing). However, it is still within the discretion of the board of directors to determine when to reopen common amenities for residents based on health and safety rationale. It should also be noted that while the state of Illinois has a bridge plan between phases four and five, the city of Chicago’s suggested Phase Four guidelines for residential buildings has not yet been revised. Thus, the city’s Phase Four capacity limits for outdoor common areas, indoor common areas, fitness centers and swimming pools remain in effect.
Q. I am a unit owner in a condominium association. Our board of directors has cited increases in cable TV charges as part of the reason for increasing our budget; however, the cable TV charges are separately assessed on our statements. Should the cable TV charges be in the budget if they are separately assessed?
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A. Section 18.4(o) of the Condominium Act allows a condominium board to arrange bulk cable and internet services for all units on an identical service and equal cost per unit basis and recover the expense as a common expense.
If the board chooses to enter into a bulk service cable and internet agreement and assess the unit owners on an equal basis, the best practice is to show the cable TV line item in the budget as both an income line item and an expense line item (which zero out each other) and then assess unit owners on an equal cost basis per unit. If a cable TV charge is merely an expense line item in a budget, it would be assessed to unit owners by percentage ownership, not an equal amount per unit, which is not how bulk cable and internet agreements are intended to be assessed.
Q. I am a board member of a self-managed association. Our association has a rental cap that states only 25% of the units may be leased at any one time. Up until last year, our association has never been at the leasing cap capacity, but now all of a sudden several unit owners have expressed interest in renting their units. The board sent out information to the unit owners about the process for determining who is eligible to rent their unit, but some unit owners currently leasing their unit then quickly extended their current leases. How enforceable is a rental cap policy and what are the enforcement options?
A. Pursuant to applicable law, leasing restrictions in a condominium declaration or bylaws are fully enforceable. A unit owner that violates valid leasing restrictions is not only subject to significant fines levied by the board of directors, but their tenants may be evicted pursuant to section 18(n) of the Condominium Act.
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