Q: I live in a condominium association, and it is clear to me that our board of directors is completely dysfunctional. What does it take to remove all the directors?
A: Whether the board is truly dysfunctional is in the eye of the beholder, but assuming the overwhelming supermajority of unit owners concurs with your assessment of the board, there are two methods to remove an entire board of directors. The first is a recall vote at a unit owners' meeting called by at least 20 percent of the unit owners. Removal requires at least two-thirds of the unit owners in the aggregate.
The second is pursuant to Section 108.35 of the Illinois Not-For-Profit Corporation Act, which states that unit owners may commence a lawsuit seeking a circuit court to remove the directors by order of court.
Q: I live in a condominium building. My upstairs neighbor was negligent in fixing a leaking toilet valve, causing water to leak through the ceiling into my unit. I repaired my unit and left the invoice for the upstairs neighbor to pay, but they have refused to respond or pay. The condominium association has taken the position that this is a matter between unit owners and refuses to get involved. Does the association have an obligation to secure reimbursement of my invoice?
A: Unit-to-unit damages are not uncommon in condominium high-rise buildings, especially from toilet seals and shower drains. Section 9.1(a) of the Condominium Act states that unit owners are liable for any damages that accrue from the use or operation of their unit, regardless of negligence. In such situations, the condominium association may, but it is not required to, get involved in any dispute over damages between units. Factors as to whether an association board will get involved are the facts of the matter and amount of damages at issue.
Q: Our condominium declaration expressly allows dogs; however, the condominium association's rules and regulations prohibit dogs in the units and the common elements. These two documents contradict each other. Which document controls?
A: Section 4.1(b) of the Condominium Act states that in the event of a conflict between the declaration and bylaws or other condominium instruments, such as rules and regulations, the declaration prevails. Thus, rules prohibiting pets, when the declaration allows pets, would not be enforceable in a court of law. To properly prohibit pets, the relevant section of the condominium declaration must be amended, which pursuant to Section 27 of the Condominium Act requires the approval of no less than two-thirds and no more than three-quarters of the unit owners.