State keeps record of who is in charge of nonprofit condos

By David M. BendoffQ: Our daughter, who owned a condominium in a Chicago suburb, recently passed away suddenly. I am her father, live out of state and am going through the probate process. I am trying to locate the condominium board to let them know of my daughter’s passing and of a situation involving the occupant of her unit. However, I cannot find any information about the condominium board. Any suggestions?A: Most associations seem to be incorporated as not-for-profit corporations. The Illinois Secretary of State website includes a searchable database with information about incorporated associations. The Secretary of State information would identify the name and address of the registered agent, and the name and address of the president and secretary, of the association. I suggest using this tool in your search for the information for which you are looking.Failing that there may be documents in her unit that would provide insight on this.Q: The victorious candidates in an extremely contentious board election held a “victory party” at the association’s community room. Owners were invited, and food and drinks were served. The party-givers then submitted a request for reimbursement to the association. Was this an appropriate use of association funds?A: This, being an event for the victorious candidates, could not reasonably be considered an association event, or out-of-pocket expenses for which a board member should be reimbursed. As such, paying for this party would not be an appropriate use of association funds. The hosts of this party should be responsible for the costs.As an aside, I know a number of board members who celebrate once they get off the board!Q: The building within which our condominium is located also includes commercial space on the first floor that is not part of the condominium. There is a separate operating agreement between the condominium association and the commercial space. The operating agreement describes what services the condominium provides to the commercial property, and states that the commercial property is responsible for 5% of these costs.The developer has sold off a portion of the commercial property. How does the condominium allocate the expenses among the now two commercial properties?A: The operating agreement needs to be amended. The amendment would, at minimum, describe the now two commercial properties, and their respective share of the 5% portion of the commercial property share of the shared costs.This should have been done by the developer before he closed on the sale of the portion of the commercial property. It’s potentially more difficult to accomplish this after a sale, as the commercial property owners may not be as cooperative as they should be.Q: A candidate form is issued each year by our association to solicit candidates for our condominium board. The form includes lines for the candidate to state their “qualifications” for the board. I thought that the only qualification to be a board member was to be an owner. Should this request for candidate “qualifications” be removed from the form?A: In order to be “eligible” for the board of an Illinois condominium, one only need to be an owner of a unit. However, merely being an owner may not make one “qualified” to be on the board. It is useful for owners to know what qualifications that a candidate has for service on the board prior to the vote.This might include a particular quality or accomplishment, or work experience, or prior board experience. This information assists owners in making an informed decision as to who to vote for to the board.