Q. I serve on a condominium association board of directors. I recently heard on the news that the state of Illinois, and the city of Chicago, is on target to enter phase five of the Restore Illinois Plan (relating to COVID-19) set by Gov. Pritzker. What does this mean for condominium associations?
A. Both the state of Illinois and city of Chicago are expected to enter phase five of the Restore Illinois Plan on June 11. While COVID-19 restrictions and protocols are constantly evolving, and it is possible that new safety guidance and procedures will be implemented for phase five and/or the start date for phase five will be changed, below is a brief summary of considerations regarding masks and reopening of amenities that community associations can expect.
Masks. There is currently no statewide mask mandate, and the city of Chicago requirement for masks to be worn while in common areas of a residential multiunit building was lifted as of May 18. However, updated city of Chicago Executive Order 2020-09 currently requires that persons over the age of 2 who are not fully vaccinated, and are able to medically tolerate it, wear a mask and practice social distancing when in a public space.
Restrictions on use of amenities. It is expected that phase five will bring about the end of state and local COVID-19 capacity restrictions for community association amenities such as pools, fitness centers and hospitality rooms. Community association boards may nonetheless continue to impose COVID-19 protocols and restrictions for amenities during phase five, such as enhanced cleaning/sanitizing, reduced capacity and a reservation system for using amenities.
Q. I have a question about the use of association legal counsel by the board of directors. Is board approval at a meeting required before the board president may communicate with legal counsel when a legal issue arises, or can the president contact counsel when needed without a board discussion first?
A. Procedurally, the board of directors votes to approve the retention of legal counsel. Customarily, the board president and/or the property manager (if there is a property manager) is the primary contact with association legal counsel unless a majority of the quorum of the board designates a different primary contact. The primary contact may contact association legal counsel as needed.
There are, however, certain decisions that might require board approval to direct association legal counsel such as initiating a lawsuit on behalf of the association. Governing document enforcement, including collections, are customarily covered in the rules and regulations, which commonly allow management to commence legal enforcement.
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Q. I am a unit owner in a Chicago condominium association. The association’s rules and regulations forbid unit owners from walking their dogs on a grassy piece of city of Chicago property adjacent to the condominium building. The board recently voted to start fining unit owners if they walk their dogs on city of Chicago property. Can a condo board levy fines related to the use of Chicago public property?
A. Section 18.4(a) of the Condominium Act, and all condominium declaration and bylaws, grant the board the authority to administer the common elements of the condominium association. However, there is no legal basis whatsoever for a condominium board to levy fines related to use of noncommon elements such as city of Chicago property. Only the city of Chicago can enforce pet restrictions (if any) on city property.
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