Q. I live in a mid-sized suburban condominium association. The Postal Service in our area has become so slow that meeting notices, late fee notices, penalty notices and newsletters can take a week or longer to get delivered. Can the board of directors require electronic communication for all unit owners?
A. Section 18.4(s) of the Condominium Act allows a condominium board to adopt rules and regulations authorizing electronic delivery notices and other communications required by the Condominium Act; however, that same section requires unit owners to designate an electronic address or U.S. Postal Service or both to receive official communications. Therefore, while unit owners can opt-in to electronic communications if the board adopts an authorization rule, unit owners cannot be forced to receive communications electronically.
While most unit owners these days have the ability to receive electronic communications via email, there are still some among us are not technologically savvy and they have a right to receive paper notifications for official communications if they so choose.
Q. I live in a condominium association. I am aware that the Condominium Act allows unit owners to record board meetings by tape, film or other means, but it also allows the board to prescribe reasonable rules governing the right to record. What types of rules would be reasonable relating to a unit owner recording a board meeting?
A. Section 18(a)(9) of the Condominium Act allows a unit owner to record the proceedings of open board meetings by tape, film or other means. That same section allows the board to prescribe reasonable rules governing the right to make such recordings.
Examples of typical rules that will be deemed reasonable are (i) requiring the recording unit owner to announce prior to the start of the meeting that the meeting is being recorded, (ii) requiring the recording unit owner to set up audio and video equipment before the meeting starts, (iii) the board may designate a location for recording equipment to be placed, and/or (iv) and rules may prohibit audio or video recording equipment from producing distracting sound or light commissions.
Q. I own a condominium unit in a small condominium association. The unit above me had a water leak causing damage to my unit and the unit below mine. A plumber ascertained the water leak originated from the upstairs unit’s bathroom plumbing. The association is seeking access to my unit’s ceiling to access the water pipes rather than through the floor of the unit above mine. Is that allowed?
A. Section 18.4(j) of the Condominium Act grants the board of directors of a condominium access to a unit 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.
If access to the respective plumbing pipes and associated common element components is appropriate through the ceiling of the damaged unit, the board has the authority for such access; however, depending on the exact location of the water leak, access to the subject plumbing pipes could be more appropriate for the unit above. It depends on the facts and the exact location of the faulty plumbing.
Got a question for the Condo Adviser? Email ctc-realestate@chicagotribune.com.
