Publications

What the Board Doesn't Do…

The typical operating documents for a condominium or townhome association or cooperative list in some fashion the duties of the directors and officers. Sprinkled throughout are references to what the unit owners are required to maintain or what they can vote on. They are also identified in the Illinois Condominium Property Act and the Illinois General Not For Profit Corporation Act. Notwithstanding this wealth of information, unit owners often misunderstand or make incorrect assumptions about what the board does and indirectly what the association is responsible for. By reading between the lines, using a little common sense and sprinkling in a bit of legal authority, a statement of policy can be created informing homeowners what the board does not do.

The board is not the police department. If someone is breaking into your apartment do you call 911 or the board president who is a 70-year old retired high school physics teacher to come protect you and your family?
It is incomprehensible how many people who are or have been victims of a crime will call the board or the manager first before they call the police. Physical and verbal assaults, harassment, vandalism, theft, excessive noise, etc. The list goes on and on. One of the negative aspects of communal living (as is the case with any other type of community) is that not everyone follows the rules or is a law abiding citizen. However, no different than living in a single family home, if an owner has been victimized by a criminal act, they should contact the local law enforcement authorities.

Most associations have procedures for violators of the rules of conduct for that particular community. That is where the board can take immediate punitive action, not crimes against an individual’s property or crimes of violence which require trained professionals. Once the proper authorities have addressed it, the board can also act if it is a violation of association policy. An association can also adopt policies and procedures to make the community "drug free" or "crime free" but in matters of personal safety, the owners must first call the proper authorities.

Lastly, it is not the board’s sole responsibility to walk the property and look for rule infractions. Communities must be self-policing. It is up to every owner to report rule infractions when they see them, not wait for the board to come looking for them and complain when they do not take action.
The board is not the janitorial service. Many unit owners feel that the association is responsible for all maintenance, even if it is in their unit. This myth gets expanded further when some owners’ insurance companies deny claims and telling their insureds it is the association’s responsibility when it is clear from the declaration and Illinois law that the financial responsibility for repair belongs to the owner.
Anyone who has lived in an apartment knows that all maintenance, inside and out, is provided by the building. Residents of associations must become familiar with the rules in order to learn what is the associations’ responsibility and what is maintained by the owner. Sometimes the repair of limited common elements such as balconies or windows are contracted for by the board and the costs then charged back to the owner. Living in an association-controlled property never constitutes "maintenance free" living.
A board meeting is not a crab session. Boards of directors generally meet regularly, often monthly, to discuss and vote on association business. As a courtesy, though not legally required, a board will set aside time for an open forum of owners. This is the time to ask questions. Frequently, owners living in an association with on-site management or a professional management company will stand up at a meeting (sometimes during the business portion) and request routine maintenance. This is an incredible waste of time and takes away from the other owners’ need to address the board on more important issues. An association that has paid substantial sums for management or maintenance services that have structured customer service procedures should not have owners monopolizing board meetings to report a first time problem; a broken stoop, a dead tree, a leak, etc. Only after proper procedures are followed and there has been no response should a phone call be made to the manager or board representative before there is a public recitation. The board meeting is neither the time nor the place to discuss this unless the board has ignored prior requests.
The board is not the park district. Many communities, because of their high density, have too many dwelling units in too small a space with little green area and no recreational facilities. Yet, people with children move in because of economics, or failure to do research, or for other reasons and then demand accommodations for allowing their children to play in parking lots, flower beds, dumpster areas, etc. Conversely, some properties that have a significant amount of green space will receive complaints because the children are playing on the grass.

Obviously, activities such as ball playing in a small courtyard or skateboarding in a parking lot are not to be condoned, however, where communities have children, every inch of open space should be made available for passive activities unless it threatens someone’s safety or property. Other than regulating obvious safety hazards, it is not the board’s responsibility to restrict an owner (or his child) from using the common elements. If time permits and the spirit of volunteerism moves any owner or board member, a recreation and social committee can be formed to plan special events, but the day-to-day activities are part of day-to-day living.

New owners should quickly become familiar with the duties of the board, as well as the responsibilities of the owners by reading the rules and regulations and asking questions. By having reasonable expectations or understanding, the owner, the board and the manager will be able to work together in harmony with realistic expectations.