eAlerts

Before taking drastic steps to shut down a daycare in the community or condominium building you manage, check whether the business actually is allowed in the governing documents. An Illinois association learned the hard way that if the covenants permit a certain type of business to operate, it can’t be shut down.

Q: Internet access is a must-have for most people in the community I manage, and there have been complaints because our association requires members to arrange for and pay for Internet access in their own units. The association wants to provide wireless connectivity (Wi-Fi) to the entire community. Can we pay for it by adding the cost to the monthly assessment?

While control over uniformity and aesthetics plays a large role in the attraction to homeownership in a planned community, from time to time, a member will ask for a variance from the architectural and design rules.

Unfortunately, you’ll sometimes have to determine how to handle a situation where a member is delinquent in paying assessments or other fees or charges from the association you manage. Tread lightly in this situation. There can be major ramifications from—and even penalties for—associations that are deemed to be acting as a “debt collector” while trying to recoup what the member owes. And if a member is trying to pay delinquent fees, you should also find out how you can work with him to pay down the balance.

Many condo associations face an increased number of complaints from nonsmokers about their smoking neighbors and are being asked to take action. Oftentimes, associations are put in the awkward position of resolving the conflict between smoking and nonsmoking members. The emotions involved are heightened due to the fact that smokers believe that they have a right to smoke in their own homes, while nonsmokers believe that they have a right not to be exposed to harmful secondhand smoke.

The cold weather is about to arrive in many parts of the country, bringing with it the increased threat of fires due to the improper use of electric space heaters. According to the National Fire Protection Association, space heaters account for one-third of home-heating fires and three-fourths of home-heating fire deaths.

Many associations allow their members to rent out their units, provided they follow association guidelines regarding how this is done. But it’s the association that ends up having the sometimes onerous task of controlling renters’ behavior on a day-to-day basis. You can do this by creating a lease addendum containing protections for you with regard to renters, and passing a rule requiring members to attach the addendum to any lease they sign for their unit.

Q: As the manager of a condo building, I recently discovered that a member has been operating a day care for profit in her unit. There have been a few complaints from other members about noise and an increased number of visitors to the building—mostly from pick-ups and drop-offs of children. I checked our governing documents and home businesses are banned.

If your community includes mixed-use space, your association may be afraid that members will have to battle customers who are visiting retail stores or entertainment venues for parking spaces. But worse than that is the increased risk of crimes happening at the community if nonmembers have access to parking lots or garages. This can be commonplace if a member regularly rents out his space, creating a steady stream of strangers using that spot.

Q: The association I manage defended itself against a homeowner’s claims and won. We just became aware that a relative of the same homeowner is attempting to sue us for some of the same claims. I thought that we couldn’t be sued twice for the same claims. Is that true?