Q: I am a unit owner in a condominium association. Because our board of directors does not distribute meeting agendas to the unit owners before the board meetings, I procured a copy of the board’s meeting agenda and posted it in the common elements myself. In response, I received a letter from the management company threatening to fine me $500 for posting the meeting agenda in the common elements. Have I acted improperly and could the board fine me for posting the meeting agenda myself because it is not distributed by the board?
A: Board meeting agendas are commonly used by condominium associations to create structure for the flow of a meeting; however, board meeting agendas are not required by applicable law or in condominium governing documents. It is within the discretion of the board whether to send out a meeting agenda ahead of the meeting, provide it to the unit owners at a meeting or not even use a formal meeting agenda at all. If the board chooses to use a meeting agenda, it is usually distributed at the board meeting, not sent out ahead of time.
Unit owners have no authority to post anything in the common elements without the permission of the board. A unit owner posting a meeting agenda (or anything, candidly) in the common elements can be subject to a reasonable fine pursuant to Section 18.4(l) of the Condominium Act for creating a noxious and offensive activity. Noxious activity in the common elements is universally prohibited in condominium bylaws in the state of Illinois, and sometimes express rules prohibiting such activity exist.
Q: I am a unit owner in a condominium building and am experiencing a significant nuisance due to my neighbor’s dogs barking when the owner is not home. The daily nuisances violate the quiet enjoyment of my property. Management and several neighbors have notified the dog owners of the issue and after initially taking their dogs to day care, they stopped because they claimed it was expensive. What remedies are available to address the situation?
A: Condominium association bylaws very commonly prohibit noxious or offensive activities from occurring in the unit or the common elements. Incessant dog barking can qualify as a noxious and offensive activity. Accordingly, the board of directors may issue a notice of violation to the unit owner for their pets creating a nuisance. The board may also levy fines pursuant to Section 18.4(l) of the Condominium Act and assess all legal fees for enforcing the condominium declaration and bylaws per Section 9.2 of the Condominium Act.
If the unit owners do not take the necessary actions to abate the continuing disturbance, most, but not all, bylaws allow a board of directors to demand removal of the animal on three days’ notice. This is a draconian remedy, but if the unit owners fail and/or refuse to address the nuisance situation, it is a remedy they may be subjected to. Additionally, Illinois law does provide individual unit owners with a private right of action for nuisance should the unit owners choose to pursue that remedy individually.
Q: I am a board member of a condominium association and heard that Fannie Mae and Freddie Mac recently introduced significant changes to their condominium lending guidelines regarding reserve funding requirements for annual budgets. What are the new requirements and when do they take effect?
A: Fannie Mae and Freddie Mac recently made two changes to their condominium guidelines that impact reserve funding and annual budgeting for condominium associations.
First, starting Jan. 4, 2027, the minimum reserve contribution for annual budgets will increase to 15% of the total annual budgeted income. The current reserve contribution minimum is 10% of annual budged income. Second, starting Aug. 3, 2026, when a lender relies on a reserve study to determine eligibility, the lender must verify that the community association reserves are being funded at the highest level recommended in such reserve study.
It is expected that these changes will put pressure on condominium association boards to increase reserve contributions to maintain eligibility for Fannie Mae- and Freddie Mac-backed loans, which will increase assessments accordingly.
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