Q: I am on the board of a small condominium association of 34 units. Recently, our board president purchased a house and moved out of the building, but she still owns her unit. She plans to list her unit for sale.
Can the board force her to resign before she sells her unit?
Our bylaws state that any officer may be removed from the board for cause at any time by a vote of two-thirds of the board at a special meeting thereof.
A: There is no residency requirement in the Condominium Act or Illinois law to serve on a board of directors of a condominium.
Section 18(a)(1) of the Condominium Act states that the board of directors shall be elected from among the unit owners. Thus, the board may not force the president to resign. In fact, it is not uncommon for off-site unit owners to serve with distinction.
You reference a bylaws provision that allows two-thirds of the board to remove a director from office for cause. As such, even if there is just cause for removal, the provision you reference relates to two-thirds of the members of the board stripping the president of her position as president, not actually removing her from the board.
Q: I recently purchased a condominium unit, and the association governing documents only allow one pet per unit and the pet must be less than 25 pounds.
I happen to have two small dogs that, combined, are under 25 pounds.
The association president said two dogs are prohibited, period. I do see some people walking two dogs who openly violate the restriction. Any advice would be greatly appreciated.
A: Pet restrictions limiting the number, and weight, of pets are valid and enforceable. If the association's pet restrictions only allow one pet per unit, a unit owner may not keep two small dogs in a unit despite the aggregate weight of both dogs being under the weight limit.
While walking two dogs does not necessarily mean two dogs are being kept in a unit in the association, if the association is not uniformly enforcing the one pet restriction against other unit owners, there is a legal argument the board has waived its ability to enforce the one-pet restriction until the board resolves to, and uniformly applies, the pet restriction.
Q: I live in a 300-unit condominium association. The board obtained a court order for possession and monetary damages of two units due to unpaid assessments. I understand that one unit is actively on the market. What happens with the sale proceeds if indeed this unit is sold?
A: The association possesses a statutory lien for the full amount of unpaid assessments, legal fees and court costs awarded in the possession lawsuit, plus assessments and late fees continuing to accrue post-judgment, regardless of the unit's sale price.
While it is not uncommon for unit owners and lenders to request that the association accept less than the full delinquency to proceed with the sale of the unit in such situations, the association is not required to do so. The association sits in a position of leverage and should demand the full amount of the unit's delinquency upon sale in order to release its lien and/or issue a paid assessment letter.