In March, after nearly two (2) years,
the Illinois Supreme Court ruled that unit owners cannot withhold assessment
payments from their association because of issues with the repairs and
maintenance of the
common elements of the association. This was a ruling that over-turned an
appellate court ruling against the Spanish Court Two Condominium Association.
The Court realized that a unit
owner’s obligation to pay association assessments does affect the association’s
ability to do needed maintenance and repairs.
Therefore, a unit owner may not refuse to pay assessments just because a
Board does not act on repairs or maintenance.
The court did make it clear though, those
unit owners can still pursue other action against Boards who do not maintain
their communities, such as voting them out of office and up to and including
court action.
In another decision, on March 21, 2014, in a case called Palm vs 2800 Lake Shore, an Illinois
Appellate Court ruled on how and when board decisions can be made and more
broadly defined what constitutes a board meeting. Unfortunately, if affirmed, this decision
will have an impact on how most boards currently operate.
A quorum of the Board of Directors may no longer be able to
meet to talk about association business, including workshops, unless proper
notice is provided to unit owners and unit owners are allowed to attend. The ruling also indicated that votes taken
by email are considered to be in violation of the open meeting
requirement.
The Appellate Court order can be viewed at: http://www.state.il.us/court/R23_Orders/AppellateCourt/2014/1stDistrict/1111290_R23.pdf
ACM Community Management will continue to monitor this case
as it works its way through the appeals process.
This article is provided for general
information only and does not constitute legal advice. Please contact your legal counsel for
specific questions, problems or legal concerns.
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