Q: I am a unit owner in a condominium association. Due to remodeling my bathroom, I required a water shut-off to be performed by the association. After the work was completed, I received notice of a $100 fee for shutting off the water. When I protested that management did not advise me of the fee in advance, management responded the fee is listed in the rules and regulations, therefore, separate notice to unit owners is not required. Can the association charge me such a fee?
A: Unit owners are obligated to comply with the association’s governing documents, including the declaration, bylaws, and rules and regulations, without separate notice by the managing agent. Notification of a water shut-off fee in advance would have been more courteous. However, if such fees are in the rules and regulations, or if there is a board policy of fees for certain services, unit owners are obligated to pay such fees even when the property manager does not offer a specific reminder.
Q: I am a unit owner in a large suburban condominium association. Part of the architectural style of the buildings includes shutters that adorn both sides of windows. The board is eliminating the shutters for a change of aesthetics and this is being done without unit owner approval. Does the board have the authority to change the exterior appearance of buildings?
A: Pursuant to Section 18.4(a) of the Condominium Act, a condominium board is granted authority for the operation, care, upkeep, maintenance, replacement and improvement of the common elements. All condominium declarations contain similar authority for the board of directors. Additionally, Illinois case law has repeatedly affirmed that condominium boards have broad latitude in making decisions relating to maintenance, repair, and replacement (and decor) of the common elements, which even would include exterior limited common elements because limited common elements are a portion of the common elements exclusively reserved for one or more units.
Therefore, unless there is some unique restrictive language in the condominium declaration and bylaws that is not inconsistent with the Condominium Act, condominium boards do have the authority to alter the appearance of the exterior common elements.
Q: I own a condominium unit on the top floor of my condominium association building. I experienced water infiltration from a roof leak. The association repaired the roof, however, the association is refusing to compensate me for damages to the interior of my unit. Is the association responsible to reimburse me for the damages to the interior of my unit since the source of the water leak was the common element roof?
A: Condominium associations are required to maintain, repair and replace common elements to prevent water infiltration into the units. The association did so in this case. However, relating to interior unit damages, pursuant to Section 12 of the Condominium Act, the association is only responsible for repairing up to the bare walls within the unit, which means repair the drywall and a primer coat of paint. Decorating within the unit, including wall or ceiling coverings, is the responsibility of the unit owner. This concept is also almost always contained in condominium declaration and bylaws.
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