Dog boarding business likely violates association rules
Q. It appears that one of the unit owners in our condominium association may be running a dog boarding business out of their residential unit. People drive in and drop off a dog and arrive back days later to pick up the dog or dogs. The unit owner has also been seen walking multiple dogs.
When I mentioned this situation to a board member, he agreed that this was a possibility that may be in violation of our declarations/bylaws. However, the other board members are unconcerned.
What is a board members responsibility to ensure compliance with the Declarations and Bylaws?
A. Operating a dog boarding business from a unit would violate the covenants of most associations. That would have to be confirmed in this case. A board has a fiduciary duty to the owners and to the association to enforce the covenants. A board could have exposure to liability if it knows about this violation, and a person is injured on the common elements by one of the dogs.
Q. Does a condominium association have the right to mandate that a contractor selected by the board and paid for by the association enter a unit to clean dryer ducts/chimney? Does the owner have the right to refuse?
A. Assuming the association is responsible for the maintenance, repair and replacement of these items, the board does have a right to mandate that a board-selected contractor perform this work. An owner does not have the right to refuse.
Under Section 18.4(j) of the Illinois Condominium Property Act, the Board has the right “(t)o have access to each unit from time to time as may be necessary for the maintenance, repair or replacement of any common elements or for making emergency repairs necessary to prevent damage to the common elements or to other units.”
Any owner who fails or refuses to provide access to their unit by the association’s contractor could face fines, and further legal remedies.
Q. It appears that one of the unit owners in our condominium association may be running a dog boarding business out of their residential unit. People drive in and drop off a dog and arrive back days later to pick up the dog or dogs. The unit owner has also been seen walking multiple dogs.
When I mentioned this situation to a board member, he agreed that this was a possibility that may be in violation of our declarations/bylaws. However, the other board members are unconcerned.
What is a board members responsibility to ensure compliance with the Declarations and Bylaws?
A. Operating a dog boarding business from a unit would violate the covenants of most associations. That would have to be confirmed in this case. A board has a fiduciary duty to the owners and to the association to enforce the covenants. A board could have exposure to liability if it knows about this violation, and a person is injured on the common elements by one of the dogs.
Q. Our condominium association is proceeding with a multiyear project common element maintenance, repair and replacement project. This is intended to be funded by a special assessment or a loan to be repaid by a special assessment. Owners are furious about the lack of reserve funds available to pay for all of this. The association had a reserve study done about 10 years ago, and it was updated about five years ago. Despite repeated requests by owners, the board has refused to provide a copy of these documents. Can they do that?
A. The Illinois Condominium Property Act was amended within the last couple of years to address this. Section 19 of the Act governs books and records that are to be maintained by the association for examination and copying by owners. That section now expressly includes “any reserve study” among these books and records.
Note that if properly requested books and records are not provided to an owner, the owner who prevails in an enforcement action to compel examination of any reserve study is entitled to recover reasonable attorney's fees and costs from the association.
Q. An owner in our condominium has demanded that the board provide them with the monthly owner delinquency report. This report is prepared by management and provided to the board on a monthly basis. The board contends that this information is personal and has not provided it. What are the board’s rights here?
A. Unless otherwise directed by court order, an association need not make documents relating to common expenses or other charges owed by a member other than the requesting member available for inspection, examination or copying by its members. The board is not required to make the monthly owner delinquency report available to any owner. An own er is only entitled to a delinquency report regarding that owner.
• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.