Q: I am the board president of a small self-managed condominium. One of the board members is semiretired and on-site more, so he deals with the monthly pest control maintenance company, other workers and services as needed, oversees projects, etc. This board member has stated the association should pay him for being the "super" around the building. Can the association compensate him?
A: While extremely rare, board members for a condominium association may be compensated, but only if the association's bylaws authorize compensation of directors. In fact, most bylaws state that directors shall serve without compensation.
In the event the bylaws do not expressly authorize compensating directors, the bylaws may be amended by a vote of the ownership, which requires approval of at least two-thirds of the unit owners (and no more than 75 percent), depending on the amendment provision of the bylaws.
Q: I serve on a condominium board. We are confused about the money an association can recover from a purchaser of a unit at a judicial sale emanating from a foreclosure. The judicial sale occurred in January but was not confirmed until March. We know we are entitled to six months' worth of assessments based on the Condominium Act's super lien, but does the six-month payment include legal fees and cable charges? And when is the new unit owner required to start paying assessments?
A: Pursuant to Section 9(g) of the Condominium Act, the association is entitled to recover common expenses for the six months prior to the institution of an action to collect the delinquent assessments. Common expenses are defined as the proposed or actual expenses affecting the property, lawfully assessed by the board.
Thus, legal fees, costs, late fees and cable fees may be included as part of the common expenses if such costs occurred during the six-month period.
As far as when a purchaser of a judicial foreclosure sale must commence paying regular assessments, Section 9(g)(3) of the Condominium Act states that common expenses for a unit are due the first day of the month after the date of the judicial foreclosure sale.
Q: What can be done about a condominium board that places no time limits on unit construction projects and doesn't limit the number of projects occurring at the same time?
The swimming pool, balcony and too many interior common-element projects make living here impossible from 8:30 a.m. to 4:30 p.m. This is serious. One unit took 3 1/2 years to complete, and the unit above mine has been remodeled three times in the past seven years.
A: The board of directors administers the property, which includes common-element remodeling projects and approval for interior unit remodeling projects. Pursuant to Section 18.4(h) of the Condominium Act, the board may adopt rules and regulations governing unit construction projects.
Depending on the age of the building and the last time unit interiors were remodeled, ongoing construction projects may be a reality and not patently unreasonable. Nonetheless, unit owners may attend board meetings and seek information regarding the number of simultaneous construction projects and their length.
Further, unit owners may request the board enforce, and adopt if needed, reasonable construction rules, which may include provisions on length of time to complete unit remodeling projects.