CondoLifestyles by S//94

JULY 2018 | VOLUME 22 | NUMBER 2

THE SOURCE FOR INFORMATION ON COMMUNITY ASSOCIATIONS, CONDOS, TOWNHOMES, CO-OPS & HOAS

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COVER STORY

Rules, Regulations, Rights & Restrictions are on the Agenda F E AT U R E S . . .

“I Can’t Get No Satisfaction” ... or Can I?

How Much Should Our Association Have in Reserves?

Jerry Springer is NOT on the Agenda

6 “Really-Should-Haves” in any Bulk Cable/Internet Contract

Common Myths Related to Community Associations

Stakes Rise with Larger Homeowners Exemptions

ESA and Service Animals Association Myths Debunked

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CONDO LIFESTYLES

table of contents COVER STORY

Rules, Regulations, Rights & Restrictions are on the Agenda By Pamela Dittmer McKuen

M O N E Y M AT T E R S

09 Stakes Rise with Larger Homeowners Exemptions By Mark Volpe M A N A G E M E N T TA L K S

10 “I Can’t Get No Satisfaction”... or Can I? By Sherri Hall 12 Industry Happenings Compiled by Michael C. Davids & Sherri Iandolo 20 From the Editor 21 Directory Advertisements BOARD BASICS

28 Jerry Springer is NOT on the Agenda By Ken Bertolucci GUEST EDITORIAL

29 How Much Should Our Association Have in Reserves? By Salvatore Sciacca L E G A L U P D AT E

32 Six “Really-Should-Haves” In Any Bulk Cable/Internet Contract By Howard S. Dakoff, Esq. and Adam T. Kahn, Esq. L E G A L U P D AT E

36 Common Myths Related To Community Associations By Gabriella R. Comstock and Dawn L. Moody L E G A L U P D AT E

38 ESA and Service Animals - Association Myths Debunked By Amy Peterselli

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COVER STORY

by Pamela Dittmer McKuen

Rules, Regulations, Rights & Restrictions are on the Agenda Perhaps you remember, before the real estate market crash of the late 2000s, community associations flocked to attorneys to amend their governing documents to restrict or even ban renters. The prevailing sentiment was impermanent residents negatively impact property values.

long came the Great Recession, and droves of mortgage-holders defaulted on not only their loans but also their assessments. Some held on until they were evicted while others disappeared in the middle of the night. Associations lost huge amounts of money. They were bombarded with the pleadings of cash-strapped owners who begged hardship exceptions and to be allowed to rent out their units. Many associations relented, so

they wouldn’t have vacant units on their hands or have to follow through on forcible actions. Plus, the delinquent owners would then have the means to pay assessments. The governing docs were changed again. “In many associations, during the difficult economy resulting in collection problems, unit owners having a difficult time selling and the number of foreclosures, many boards felt they were lucky just to collect a high per-

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centage of the assessments billed,” recalls Lou Lutz, chief operating officer and executive vice president at First Community Management in Chicago. That was then, and this is now. The economy is humming along, and association coffers are mostly in the black. Once again, the tide has turned against renters. Restrictions and bans on non-owners are popular again. Other contemporary concerns are budget surpluses, privacy violations, pet populations, fire and smoke, fake service animals, fences, home improvements and outdated declarations. Associations are increasingly stepping up to address them. One thing is for sure, an association’s

CONDO LIFESTYLES

governing documents are ever-evolving. Let’s take a look at the changes on the minds and conference tables at Chicago-area associations:

Rule Versus Amendment The first thing to understand is the difference between making a rule and amending the declaration. In overly simplified terms, boards have the authority to make rules, but a supermajority of owners is required to approve amendments. For either process, boards must

CONDO LIFESTYLES

follow specific procedures. Some procedures are dictated by law, and others are dictated by the association’s governing documents. For example, a rule cannot conflict with or override provisions in the declaration, says association attorney Robert Prince at Cervantes Chatt & Prince, P.C., in Burr Ridge and Chicago. “Rules and regulations are generally meant to complement the provisions in the declaration,” he says. “This means that the rules are not meant to stand alone and create

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new restrictions but are meant to interpret and expand on current restrictions in the declaration and bylaws.”

Here’s What’s Trending RESTATING OUTDATED DECLARATIONS. Due to the number of changes to the Illinois Condominium Property Act over the last few years, many associations are adopting amended and restated declarations to bring their documents into compliance with the law. “This is a board function,” says association attorney Gabriella Comstock at Keough & Moody, P.C., in Naperville and Chicago. “However, it is also common that an association will incorporate other changes to the declaration that do require member approval.” “Some declarations and bylaws are so archaic, they are hard to follow,” says Cathy Ryan, chief executive officer and president at Property Specialists Inc. in Rolling Meadows. “The majority of my associations are not making substantive changes. They are just updating, which is a board vote.They don’t need the approval of the membership, and they don’t have to send it out to the mortgage companies. It’s a much easier process.” Also, she adds, some attorney retainer plans include restatement of declarations, “so it’s not an expensive thing to do.” BUDGET SURPLUSES. If you were around the industry a decade ago, a budget surplus is hard to imagine. Today it’s not uncommon. As of January 1, 2018, the Illinois Condominium Property Act allows associations whose governing documents do not specify otherwise to handle surpluses in several ways: apply it to the reserve fund; return the appropriate share to owners in the form of a credit; return the appropriate share to owners in the form of a direct payment; or maintain it in the operating account. “Boards that this affects usually want to maintain the surplus in their operating accounts and only address any deficit by adjusting their next operating budget,” Lutz says. “They are now looking for guidance from their attorneys to draft amendments that will allow those alternatives, but only those.” LEASING RESTRICTIONS. Associations largely want to ensure their buildings and units are occupied primarily by owners, but how they intend to accomplish that varies. Not all restrictions are the same, Lutz says.

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COVER STORY

Variations include caps on the number of units that can be rented at one time and limiting the number of years owners can lease their units. Usually, a hardship provision allows the board some latitude for hardship situations. One First Community Management association is proposing an amendment that would prohibit leasing for the first year someone is an owner. Another association is proposing a limit on the number of people who can reside in a unit based on the unit size. Ryan, whose client associations are mostly suburban, is seeing an interest in rental caps as well as outright bans with grandfather clauses sometimes up to five years. Or, if they sell, the new owner must follow the new rule. Hoopla over short-term rentals like Airbnb has died down somewhat, either because of Chicago ordinances that create hurdles to their operation or consumer disinterest in suburban locations. “The short-term rental issue has been addressed in both governing document revisions and changes to the rules,” says Lutz.

“Most of the time, the rule changes have been in the form of higher penalties. The governing document changes were motivated for clarification, so there was no doubt about the definition of a short-term rental.” “We don’t have a problem with shortterm rentals or B and B’s in my area of the country,” Ryan says. “Most of our associations have in their declarations from the git-go they can’t rent anything for less than 12 months.” SECTION 19 IS HOT--OR NOT. An amendment to the Illinois Condominium Property Act that took effect January 1, 2018, mandates that condominium associations provide the personal telephone numbers and email addresses of all unit owners when requested by a unit owner. This amendment produced a huge outcry of protest within the industry. Since then, some associations have scrambled to collect contact information from unit owners (or their refusals to do so). They’re also passing new rules with stiff fines against those who use such data for commercial purposes. But in some areas, the hoopla either died

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down or never got much of a start. “We haven’t had one inquiry,” Ryan says. It’s also a non-issue in Chicago, where the city council on March 28 passed the a condominium privacy ordinance that says associations do not have to comply with Section 19 unless they opt out of the ordinance. “The ordinance has been so favorably viewed by city condos, which is why we’re trying to provide similar relief for buildings beyond the city limits by encouraging comparable action in the state legislature,” says Gene Fisher, executive director at the Diversey Harbor Lakeview Association, a coalition of mostly lakefront condominium association leaders. PET PEEVES. Pet behaviors are prompting tighter control at associations noted by Tom Purrazzo, community association manager at Hillcrest Property Management in Lombard. “Commonly, we find more and more association rules and regulations either omit or are vague pertaining to pet restrictions,” he says. “Pet weight limits are usually absent or unclear. Not having a set number of pets

CONDO LIFESTYLES

It’s also a non-issue in Chicago, where the city council on March 28 passed the a condominium privacy ordinance...

homeowners may have in their units can lead to noise and struggle for neighbors around.” New rules typically grandfather existing animals, he says. THIS AND THAT. Lutz reports more rule restrictions on the use of cooking grills on balconies and porches. If there isn’t a specific provision in the governing documents, a rule is the way to address the issue, he says. “The Chicago Building Code is not as clear about the use of grills on porches as would be helpful,” he says. “Fortunately, many insurance inspections have forced the issue to ban the use of charcoal grills and the storage of grill tanks on the property.” Also because of an improved economy, owners are upgrading their units with fashionable materials. One of Lutz’s associations successfully passed an amendment that restricts hard-surface flooring. The amendment required an approval by 75 percent of the owners. Some older associations that used to require board-on-board fencing are now allowing newer-style wrought iron, Ryan says. “The most common changes to rules and regulations I am seeing right now relate to smoking,” Comstock says. “Associations are requiring smokers to properly ventilate and seal the smoke from their units.”

Not All Amendments Will Pass Sometimes, something that seems like a good idea just goes nowhere. Two of First Community Management associations failed to increase the number of board members from 3 to 5. Another First Community Management association has tried since

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2014 to ban all smoking in the building, including the units, limited common elements and interior common elements. The ban would include cigarettes, cigars, pipes and medical marijuana. It has never reached more than slightly above 50 percent approval. Despite repeated attempts, a 190-unit townhome-style condominium association in Glen Ellyn has not been able to achieve staggered terms for its five board members. All must run for re-election every year. At Baum Property Management, managers report most leasing restrictions don’t get enough votes to pass. “Rental caps and restrictions are the hardest things to get passed,” says Ryan. “Some people don’t read their mail. Some people don’t want to agree to ANY restrictions, let alone sign anything and send it back in.” There are always owners, particularly investors, who oppose leasing restrictions, Comstock says. Some rules and declaration amendments would be easier to pass with legislative assistance, says Michael Baum, president at Baum Property Management in Aurora. For one, he’d like a proper definition of “need” when it comes to service and comfort animals. As the situation stands, it’s pretty easy for a resident to get a letter saying they need such an animal, and as a result, animal-free buildings are now home to all sort of species--peacocks, ferrets and pigs included. “I think the solution is that these animals should only be for folks with a defined disability like blindness and deafness,” he says. Many other association challenges could be resolved if legislators

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that says associations do not have to comply with Section 19 unless they opt out of the ordinance.

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CONDO LIFESTYLES

banned proxies and quorums, required staggered terms and lowered the percentages of affirmative votes needed for passing rental restrictions, he says. “If proxies and quorums were a good idea for condo elections, then why aren’t they allowed in general elections?” he questions. “Would we hold the last presidential election over if less than 20 percent of the folks in the country didn’t vote? Condos have another election if they don’t reach quorum. This makes no sense.”

Steps To Success Changing a declaration or enacting a new rule is no small endeavor. It’s one that requires the thoughtful consideration of board members as well as legal, printing and mailing costs. “Prior to adopting an amendment to the association’s declaration, which will require owner approval, the board should conduct a meeting or survey to try to gage what the owners will approve,” Comstock says. “Providing the owners with the draft amendment

prior to a meeting where owners can ask questions typically helps the board know if the amendment as drafted will be approved or if it needs to be revised.” Passing an amendment can be a trialand-error process, she adds. Rules must be reasonable, and they must apply to all owners. Even though boards can pass a rule, they must hold a meeting at which owners may express their opinions. “If the board fails to follow the procedures set forth in the law or in the governing documents, then the rule will be invalidated by the court,” Prince says. Associations should always send their proposed rule or amendment change to their attorney for review, Purrazzo says. “A fee is usually associated; however, the attorney can be sure the rules and declaration will coincide moving forward,” he says.

Do You Really Need It? When a board is getting lukewarm response to a proposed amendment or outright opposition to a new rule, perhaps the change is unnecessary. One industry veteran who favors lean regulation is Barry Katz, president, managing broker and community association manager at Omnibus Services Inc. and Omnibus Real Estate Inc. in Highland Park and Chicago. When he began his career in property management, at the time mostly rentals, his father told him, “There are only two rules that the tenants and residents need. The first was to pay their rent on time. The second was to not disturb their neighbors.” That advice has been a guiding light for Katz ever since. “Fighting the tendency to "over rule" has been a personal mission,” he says. “It’s one I have been successful instilling in the leadership of many condominium, cooperative and homeowner associations with which we have been involved. ‘Less is more’ is another way to describe this governance approach. A few well-crafted and coordinated rules and regulations make managing an organization more effective than having a bevy of miscellaneous rules and regulations, guidelines, information and detailed data.” “Boards should periodically review their rules and regulations,” Prince says. “As times change, the board should consider whether a rule remains reasonable and necessary and, if not, remove it. As new issues arise, the board should adopt rules concerning those issues.” Y

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M O N E Y M AT T E R S

by Mark Volpe – Worsek & Vihon LLP

Stakes Rise with Larger Homeowners Exemptions Cook County recently released the 2017 second installment tax bills for all of its 1.8 million parcels of property. The second installment bill is generally less predictable than the first installment bills because while the first installment is always 55% of the total amount paid in the previous year, the second installment bills capture changes to the assessment, the new tax rates, and any new exemptions that the property might be receiving.

his year, the second installment bills warrant a closer look than ever, as recent changes in legislation have resulted in an increase to the homeowners exemption and the senior citizens exemption, increasing each substantially. In years past the homeowners exemption has conferred tax savings of approximately $450 to $1,000 per home, depending on where the property sits, while the senior citizens exemption has provided an additional $300 to $750 of savings. With the new increases, the exemptions can save eligible recipients $1,300 to $3,000 – and in some cases even more. The second installment bills are the only bills that show applicable exemptions. With such a large amount of money on the line, it is

imperative to check these bills to ensure that the exemptions that should be in place were in fact applied. In years past, the Cook County Assessor’s Office had automatically rolled over homeowners exemptions unless there was a change in ownership. Recently, however, the Assessor’s Office has removed exemptions without a change in ownership, such as in cases where a mortgage has been refinanced or paid off completely, or the home has undergone an interfamilial transfer. To complicate the issue, new assessment notices continue to be mailed throughout the city of Chicago, with many properties receiving 35-50% increases in their values. Property owners who receive their reassessment notices around the time the second installment bills

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are mailed out may think that the large increases have already been captured on the tax bill. In reality, the tax bills they are receiving are for 2017 – the final year of their old assessment. As a result, many property owners do not file appeals on the new assessments, mistakenly thinking that the new assessments will not impact their taxes by much. Next summer, their bills may surprise them. It is of great importance to carefully examine the tax bills and the reassessment notices, making sure to look for your exemptions, as well as to recognize the difference between the tax year being paid and the reassessment notice for next year. If your tax bill is lacking an exemption to which you believe you are entitled or your reassessment notice seems unjustly high, contact your tax professional as soon as possible to get the matter sorted out. Y

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by Sherri Hall – AssociationHelpNow™

“I Can’t Get No Satisfaction”... or Can I? Uncovering the Key to Keeping Managers Satisfied

The Rolling Stones probably didn’t have the community association industry on their minds when they recorded this famous tune. However, there is a common theme between the song’s lyrics and the daily life of property managers – complaints.

n the song, Mick Jagger complains about useless information on the radio, TV commercials and his bad luck with love just as unit owners complain about leaky roofs, noisy neighbors and potholes. So, with that being said, is there any way to stay satisfied when all one hears are complaints? We spoke to Thomas Engblom, Vice President/Regional Account Executive of Mutual of Omaha’s Midwest region, to find out. Engblom, who has now worked in the field of community association banking for many years, is a former property manager and supervisor who will be conducting research on the topic of manager satisfaction. Although he is currently

awaiting approval from the Institutional Review Board (IRB), Engblom plans to survey a random sampling of licensed property managers to determine what factors contribute to job satisfaction. Based on his preliminary research though, he has shed some light on the matter and what he expects the results to show. First, what exactly is manager satisfaction anyway? According to Engblom, it has to do with uncovering what contributes to a manager being happy with his or her work. Some of the questions to consider are: “What drives them? What motivates them? Are they achieving their goals?” Engblom noted.

Not An Easy Job Being a property manager isn’t easy, said Engblom. “In this industry, unit owners don’t call to tell you you’re doing a good job. Ninety-nine percent of the time, they are calling to complain,” he explained. In addition to hearing continuous complaints, managers are also required to attend night meetings on top of their daytime work schedules. “Doing so causes people to get burned-out,” Engblom said. Therefore, he explained, manager satisfaction is extremely important. “Because if they’re not satisfied,” said Engblom, “they’re going to leave.” According to Engblom, one way supervisors can help keep their managers happy is by working with them to set specific goals, such as beginning the budget process early and completing it by a certain date, so that they can avoid feeling overwhelmed.

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M A N A G E M E N T TA L K S

Training is a Key Another way supervisors can keep managers satisfied is through training. “This is the key,” Engblom said. In fact, previous studies have shown that training affects job satisfaction levels, he noted. Additionally, Engblom believes his upcoming research will reveal a direct correlation between training and satisfaction. “The more training you receive, the more satisfied you’ll be at your job,” he said. Engblom further explained that managers have many responsibilities which require specific knowledge. For example, they must respond to questions regarding all types of topics including the budget, roofing, landscaping, snow removal and more. Being trained in such areas will allow managers to feel more confident they have an answer and can offer a solution to the problem. “And as a result of their confidence, they will become more satisfied,” noted Engblom. In order for employers to determine if their managers are satisfied, they can do so through

observation, administering surveys or questionnaires and holding staff meetings, suggested Engblom. “You need a way to communicate to your employees. At the very least, you should have a monthly meeting and you can determine their level of satisfaction,” he said. In addition, work performance can also be used as an indicator of satisfaction as can a manager’s demeanor at board meetings, noted Engblom. A supervisor can question the board as to how the manager handles situations and interacts with people at the meetings. For example, if the manager is rude and cuts people off who are trying to talk, chances are, he or she is not satisfied, he explained. “People who aren’t satisfied also make a lot of mistakes because they don’t care,” Engblom added. However, if a manager is not satisfied, all hope of retention and improving satisfaction is not lost. According to Engblom, there are steps employers can take that may help. These include providing training and education, opportunities to make more money (which can be achieved through training), motivational contests and recognition

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(both monetary and non-monetary). “If someone does a good job, recognize them,” said Engblom. Ultimately, if a supervisor starts to see that a manager is dissatisfied, he or she needs to discuss with the person why this is the case. Engblom referenced a former employee who was dissatisfied with his job. After speaking with the employee, Engblom discovered he had a desire to learn an additional trade that would monetarily benefit the association. Engblom provided the employee with the education necessary to learn the skill. “It made him happy and he became a better worker. It also opened up an additional resource for the association,” noted Engblom. However, employee dissatisfaction isn’t always job-related. “It could be a personal problem that is affecting their work,” said Engblom. Either way, he explained, listening to employees and exhibiting a sense of caring and understanding can also help improve their satisfaction which will be evident in their work performance. Y

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Âť INDUSTRY HAPPENINGS ÂťÂťÂťÂťÂťÂť Engineering Support Services Engineering Support Services (ESS) recently announced they have moved to new and larger offices located at 1315 Macom Drive, Suite 101, Naperville, Illinois, 60564. According to ESS President Greg Lason, â&#x20AC;&#x153;we have full time office staff so clients are welcome to stop by if they are so inclined. In addition to our new office, we have hired the following staff members since April:â&#x20AC;? Michael Brown, AIA - Michael is our lead Architect and will be in charge of all Chicagoland Operations. Mr. Brown has over 27 years of architecture experience designing both large commercial and residential projects. Michael will be preparing the majority of ESS design drawings, specifications as well as evaluating buildings and performing water testing to help our clients solve their building problems. Scott Fabere - Scott joined our team to help manage large construction management projects. Mr. Fabere has over 30 years of construction experience involving both large commercial and residential projects. Scottâ&#x20AC;&#x2122;s main

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function will be to oversee exterior capital improvement projects including but not limited to roofing, siding, balconies, masonry, windows, etc. Darren Chrisop - Darren also joined our team to help manage large construction management projects. Mr. Chrisop has over 20 years of construction experience involving both large commercial and residential projects. Scottâ&#x20AC;&#x2122;s main function will be to oversee exterior and interior capital improvement projects including but not limited to roofing, siding, balconies, masonry, windows, etc. Darren also has extensive experience in interior building remodeling. Sandra Johnson - Sandra joined our team recently as our office manager. Sandra will oversee our office operations as well as handle all accounts receivable and account payables. Sandra will also serve as an assistant to our Business Development Manager and manage our customer relation database. â&#x20AC;&#x153;We look forward to continuing to service our new and existing clients as we continue to grow during the months and years to come,â&#x20AC;? Lason concluded.

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Y Pictured: Gunner Smith, Owens Corning Roofing and Asphalt Vice President, Building Material Distribution Sales, Samuel L. Martel, S&D Enterprises, Inc, Brian Chambers, Owens Corning Roofing and Asphalt President S&D Enterprises, Inc of Elmhurst, IL has been awarded theÂ prestigiousÂ Owens Corning Total Roof System Champion Award at theÂ 2018 Owens Corning Roofing Platinum Conference held in March at the Bellagio in Las Vegas, NV. At the event, Owens Corning Roofing and Asphalt recognized S&D Enterprises, Inc. for leading the roofing industry for its customer-driven, results-oriented work. The highest prestige of all awards, the â&#x20AC;&#x153;System Champion Awardâ&#x20AC;? is granted to the top performing contractor who has proven that they install the most professional, most reliable and highest quality products available. S&D was the first roofing contractor nationally to be inducted as a Platinum Preferred Contractor in 2005. Itâ&#x20AC;&#x2122;s a true honor and testament to S&D Enterprises, Incâ&#x20AC;&#x2122;s workmanship and the products installed to be the System Champion Winner. S&D Enterprises, Inc. is celebrating its 55th year in business.

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More Living.

» INDUSTRY HAPPENINGS »»»»»»

DuBois Paving Co. Celebrates 30th Anniversary Family owned and operated since 1988, brothers, Richard and Robert DuBois, Jr., started the business with two properties and one management company and have grown the business to almost 3,000 properties working with over 200 management companies. The tremendous success of the company has been founded on the philosophy of developing and maintaining outstanding business relationships with people and organizations in the homeowner association industry. Rick is the first to say that “the relationships we have with community managers, board members and management companies are the backbone of our business.”

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DuBois Paving was started by their grandfather in the 1940’s. “In the 60’s, my father partnered to start the business as DuBois & Glander Blacktop. That company split up, dad took some time off and later returned to the business starting the company known as Patch-Inc. My brother and I worked for Patch-Inc., but when dad sold his portion, we were working for someone else. So we left and started our own business and took back the family name, DuBois Paving Co.” A name in the business for four generations, today DuBois Paving Co. includes Rick’s two sons as well as Rob’s son and daughter. There is a DuBois family member involved with every project. “I’ve always said, I’m the inspiration providing information, inspections and proposals and my brother, Rob, is the perspiration. He’s on every asphalt paving project to produce and oversee the work. We are proud to now have our children also involved on the job and in the office.” DuBois Paving Co. has grown strategically since inception. “In the early years business included a variety of residential, commercial and industrial projects, and when my brother and I began anew in the 80’s we developed our exclusive work in the community association industry.” As business has grown and developed their maintenance work now includes full service Asphalt, Sealcoating, and Concrete divisions. There are many people involved in the success of DuBois Paving Co. “The sales and office staff has been with us for 24-10 years, and the majority of the asphalt production crews have worked with us since the beginning. Yes, some of these guys have been with us all 30 years, and now children of employees have come to work with us

Y Shown here is Team DuBois at a recent Condolympics event. too,” Rick explains. It’s truly a family business. “From a simple work order, to the Request For Proposal or a 3-5 year plan, the work we do for our customers is important to us; we are passionate about what we do and how we do it for you,” says DuBois. Most people don’t like close scrutiny when they work, but DuBois Paving is proud of the quality and process they have built and maintained such that they invite the board members and owners to come out and watch them work. “We tailor our work around the needs and expectations of managers and homeowners, we don’t sell what people don’t need,” Rick shares, “we leave happy homeowners. Nearly every property has at least one resident who looks for things to complain about, but the quality of our work is so high a standard, that we even make those chronic complainers happy.” DuBois Paving Co. was recently awarded the CAI-IL Business Partner Excellence Distinction 2018 in recognition of their dedication and ongoing support of continuing education for our industry. They wish to extend a warm and generous “Thank you” to all those in property management, from managers and customer service, to accounting and office support, and to all the community board members and homeowners who have worked with them during the last three decades. “We appreciate your trust and your help over these last 30 years, for being a part of the DuBois Paving Co. success story. If we haven’t met you, we look forward the opportunity in the near future.”

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INDUSTRY HAPPENINGS

» INDUSTRY HAPPENINGS »»»»»»

Keough & Moody recently announced that the talented attorneys of Penland & Hartwell, LLC will be joining Keough & Moody, P.C. effective June 1, 2018. “Collaborating with David Hartwell, Karen Beverly, and Mark Littlefield enhances Keough & Moody’s ability to deliver superb legal service to our community association clients from our offices in Chicago and Naperville,” according to Charles Keough. The newly expanded Keough & Moody, P.C. includes 10 attorneys and 13 support staff members, providing clients with over 100 years of legal experience in community association law, real estate law, corporate/transactional law and litigation. Keough continued, “Our clients should expect a seamless transition and continued focus on the matters important to them. David, Karen and Mark will be located at our offices in Chicago at 161 N. Clark Street.”

ABOMA The Apartment Building Owners and Managers Association of Illinois held their Continuing Education Seminar at the East Bank Club in Chicago on Tuesday, June 12, 2018. Subjects covered included: • NEW Energy Benchmarking Requirements City of Chicago • Employee Progressive Discipline (verbal warnings, write ups, suspensions and terminations) • NEW ABOMA Janitorial Labor Agreement • Billing Process and Benefits - SEIU Local 1 Health Pension and 401(k) Funds • Employee Training - Janitorial and Door Staff mandatory and optional training

Keough & Moody, P.C.

Y Pictured above is Amy Jewel of City (Chicago) Energy Project.

Program participants and presenters for the seminar were ABOMA President Tony Briskovic – Chicagoland Community Management, Tom Balanoff - SEIU Local 1 President, Amy Jewel, City Energy Project - Chicago, Steven H. Adelman & Kevin Kelly - Locke Lord LLP , Maria Pizzaro – Wilson-McShane and Tom Dobry-SEIU Local 1 Training Fund. Each segment of the seminar was followed by a brief “Question & Answer” session. A one hour networking reception with a buffet and open soda, beer and wine bar followed the seminar. The ABOMA 81st Annual Meeting, will be held at The University Club of Chicago, on Friday, December 7th, 2018. For more information visit www.aboma.com

Y Pictured above is ABOMA President Tony Briskovic, Chicagoland Community Management.

Y Shown here (LtoR) are Charles Keough, Dawn Moody and David Hartwell.

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www.suburbanelevator.com No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2018©.

07.18

CONDO LIFESTYLES

» INDUSTRY HAPPENINGS »»»»»» Associa Chicagoland

Seacoast Commerce Bank welcomes Rachel Rowley as a Senior Vice President and HOA Deposit Relationship Manager for the Midwest region covering the states of Illinois, Wisconsin, Missouri and Minnesota. Ms. Rowley has extensive community as- Y Rachel Rowley sociation experience since 2004 that includes 12 years as a property management professional and 2 years of HOA banking. She maintains the CMCA, AMS and PCAM designations and she currently serves on various committees for Community Associations Institute chapters in the Midwest. Ms. Rowley states, “I constantly work to develop my professional skills and always look to take on new challenges which is why I have moved into HOA banking. This position serves the management companies and Associations that have taught me so much. I am embracing this new adventure and look forward to maintaining my success in the community association industry.”

Y Shown above is the team at Associa Chicagoland at their recent "Casino Night" customer appreciation event. On Friday, June 8, 2018 Associa Chicagoland hosted its 3rd Annual Casino Night welcoming more than 300 guests for a night filled of “fun” gambling, networking, live music, food and cocktails. The night was a huge success and the silent auction brought in over $17,000 for Associa Cares, the firm’s non-profit agency set up to aid families who have experienced a catastrophe at home such as a flood, fire or tornado. Associa Chicagoland announces the recent hiring of Celina Bright as the business development manager specifically focused on new business efforts in the City of Chicago. Ms. Bright has been in the property management industry for more than five years and is an active Community Association Institute (CAI) volunteer, serving as a member of the city membership committee as well as a former member of the marketing committee. Ms. Bright also serves on the Institute of Real Estate Management Premier (IREM) awards committee and their silent auction committee. Ms. Bright will be joining Erica Horndasch, director of business development, in identifying and securing new business opportunities by cultivating customer relationships. “Celina has a diverse background that will allow her to connect with our clients on a unique and special level,” stated Stephanie Skelley, Associa Chicagoland president. “She is an advocate for her peers and has been working with others

Seacoast Commerce Bank

Y Shown here are some Associa Chicagoland board member customers at Associa's recent "Casino Night" event. in the industry to encourage underrepresented industry individuals to speak at events, expos and seminars. Her dedication and hard work will help Associa Chicagoland continue to expand in the market.”

Seacoast Commerce Bank is a full-service commercial bank headquartered in San Diego, CA.and insured by the Federal Deposit Insurance Corporation (FDIC). Seacoast offers a comprehensive array of banking products and services exclusively designed for property management companies and Homeowner Associations including Remote Deposit Capture, ACH Origination, Online Wire Transfer, Broker Trust Accounts, Lockbox Services, Group Account Analysis, HOA Lending and compatibility with all types of property management software.

MCD Showcases the Races

“We are excited to have Celina join our dynamic team,” stated Erica Horndasch, Associa Chicagoland director of business development. “Her ability to build relationships with current and potential clients will be an asset to achieving our branch goals and reaching more residents.” Ms. Bright graduated from The College of DuPage and was the recipient of the 2018 IREM Leadership award. She is an active industry volunteer on committees with both the local CAI and IREM. The annual MCD Showcases the Races event will be held on August 23rd, 2018 at Arlington International Racecourse. For more information visit www.condolifestyles.net. You can view photos from past years MCD Showcases the Races events at Facebook.com/MCD Media.

HHH

industry happenings HHH

CONDO LIFESTYLES

07.18

No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2018©.

INDUSTRY HAPPENINGS

» INDUSTRY HAPPENINGS »»»»»» FirstService Residential FirstService Residential was recently granted the Accredited Association Management Company (AAMC®) designation from the Community Associations Institute (CAI), joining an elite group of 10 community association management companies holding the designation in Illinois, and 150 nationally. The AAMC® is presented to companies that have earned the highest level of professional recognition in the community association management field. “Being among just 10 management companies in Illinois to receive this credential is a testament to our team and our corporate values,” said Asa Sherwood, president of FirstService Residential. “We are committed to the success of our client communities and this dedication is founded on experienced managers with advanced training and a demonstrated passion for their roles.”

To earn the AAMC® credential, a management company must have three years of experience in providing community association management services, and at least 50 percent of its managers must have earned professional designations. “Professionals who earn CAI credentials maximize the value they can provide to their community association clients,” said CAI Chief Executive Officer Thomas M. Skiba, CAE. “Not only have these professionals demonstrated a personal commitment to self-improvement, but they have also elevated their practical knowledge and expertise. That’s what all community associations need, and what board members and residents deserve.”

Wintrust Community Advantage Anthony Dister of Wintrust Community Advantage was recently promoted to Senior Vice President. Dister joined the bank in 2002 as a teller and in 2004 transferred to Community Advantage as a credit analyst. In 2012 he Y Anthony Dister was promoted Vice President. With over fifteen years of experience, and a Bachelors degree in Finance from University of Phoenix, Dister is responsible for portfolio management and business development with management companies and association clients.

Pro Home 1 Pro Home 1 in Wood Dale would like to welcome Debbi White to their team as Customer Operations Manager. White has over 6 years of experience in the home improvement industry and has learned from the best about customer service. Pro Home 1 was established in 2006 and specializes in roofing, siding, windows and doors as well as interior remodeling.

The Habitat Company The Habitat Company is pleased to announce that we have been selected as the management company for River Village Townhomes South. River Village Townhomes South is comprised of 119 townhome units in a garden style community setting, located in the dynamic River North neighborhood of Chicago. The management agreement was effective June 1st.

No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2018©.

? 07.18

CONDO LIFESTYLES

» INDUSTRY HAPPENINGS »»»»»» Wintrust Community Advantage In early May of this year, Wintrust Financial Corporation (“Wintrust”) (Nasdaq:WTFC) announced the signing of a definitive agreement to acquire Chicago Shore Corporation (“CSC”). CSC is the parent company of Delaware Place Bank, an Illinois state-chartered bank, which operates a banking location in the Gold Coast/Streeterville neighborhood of Chicago, Illinois. As of March 31, 2018, Delaware Place Bank had approximately $245 million in assets, approximately $165 million in loans and approximately $215 million in deposits. Edward J. Wehmer, President and CEO of Wintrust, said, “This transaction provides a wonderful opportunity to expand and complement our market presence in the heart of the City of Chicago. We look forward to continuing the community banking approach that Delaware Place Bank has established and to providing its customers with an expanded array of products, services and resources.” “We are very pleased with the opportunity to join the Wintrust banking family,” said James W. Aldrich, Chairman and Chief Executive Officer, Chicago Shore Corporation and Delaware Place Bank. “This transaction brings together two companies that share core community banking philosophies and cultures. Wintrust’s Chicagobased leadership and its track record of serving families, individuals and businesses in Chicago’s neighborhoods and surrounding communities made it an attractive partner. This partnership offers our customers and employees the long-term benefits that being part of a successful, growing and caring organization brings.” Mr. Aldrich em-

CONDO LIFESTYLES

ACTHA

phasized that by joining forces with Wintrust, “the transaction allows us to continue focusing on serving our customers, while at the same time providing our customers with access to a wider range of products, services and resources. We see many advantages for our customers and stockholders and we look forward to joining the Wintrust family.” Terms of the Transaction Subject to possible adjustment, the aggregate purchase price (which takes into account the appreciated value of a five-story building located in the Gold Coast/Streeterville neighborhood of Chicago) will be approximately $34 million. Shares of CSC common stock outstanding at the time of the merger will be converted into the right to receive per share merger consideration paid in cash. Subject to approval by banking regulators and CSC’s stockholders and certain closing conditions, in connection with the closing, all other outstanding securities of CSC (including trust preferred securities of its trust subsidiaries and preferred stock of CSC) will be redeemed in accordance with their terms. The transaction is expected to close late in the third quarter 2018, and is not expected to have a material effect on Wintrust’s 2018 earnings per share. Advisors Piper Jaffray acted as exclusive financial advisor to CSC in the transaction and provided a fairness opinion to its Board of Directors. Sullivan and Cromwell LLP acted as CSC’s transaction counsel, and Schiff Hardin LLP served as transaction counsel to Wintrust.

07.18

ACTHA recently held its 2018 Spring Conference on Saturday, April 8 from 8:00 am – 4:00 pm at Drury Lane in Oakbrook Terrace. Seminar topics for the conference that was themed “Evolving Your Community” included relations between boards & vendors, cultivating owner involvement, financial tips, attorney’s role at meetings, the new legal framework for board meetings and board communication. The group will hold upcoming Expo and Conference events as listed below: • September 8th, 2018 at the University of Illinois at Chicago, 750 S. Halsted Avenue in Chicago. • October 13, 2018 at Northern Illinois University (NIU) Naperville Campus located at 1120 East Diehl Road in Naperville. • March 30, 2019 at Drury Lane located at 100 Drury Lane in Oakbrook Terrace. For more information on ACTHA seminars and other upcoming events, visit: www.actha.org/event

No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2018©.

INDUSTRY HAPPENINGS

» INDUSTRY HAPPENINGS »»»»»» Levenfeld Pearlstein Levenfeld Pearlstein LLC (LP) announce in late April that Adam Kahn has joined the firm as an associate in LP’s Community Association Group. Adam helps cooperative, condominium, and homeowners associations navigate a variety of legal, financial and commercial issues. He is deft at reviewing, negotiating and modifying governing documents, lease Y Adam Kahn agreements, policy documents and commercial contracts and is a pragmatic, trusted advisor with a patient and fair approach to problem-solving. Adam’s clients usually request his attendance at monthly board meetings, where his level head and industry acumen prove instrumental in effective policymaking and business planning.

LP’s Community Association Group assists in solving the business problems of condominium developers and community associations from A to Z (contract review, collections, employment issues, litigation, governance legal advice). The group helps property managers and management companies manage community associations in compliance with Illinois condominium law and helps condominium and HOA developers develop properties into community associations. No matter the challenge, the group successfully handles anything and everything condominium or community association related. Twice recognized by The National Law Journal as one of the nation’s most innovative mid-sized law firms, Chicago-based Levenfeld Pearlstein, LLC provides legal and business counsel to sophisticated clients across a broad range of corporate, tax, real estate, and litigation matters.

Prior to joining LP, Adam worked at a New York boutique real estate firm where he offered practical, comprehensive legal advice to community associations. He graduated from Emory University School of Law after completing his undergraduate education at the University of Wisconsin-Madison.

No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2018©.

HHH

Mutual of Omaha Tom Engblom was recently honored with his second Pillar Award from Mutual of Omaha Bank. The award is given to the bank’s top 10 performers, annually. In addition to being a top-10 performer at Mutual of Omaha Bank, Tom also earned both the Certified Property Manager designation from the Institute of Real Estate Management and the Professional Community Association Manager designation from CAI. Tom is also completing his doctorate in business administration with a dissertation focused on association management.

Lieberman Management Services Lieberman Management Services (LMS) announces a record-breaking first quarter, in which they welcomed 11 new clients in single family home communities, condominiums, townhomes and high-rises, representing thousands of residents. "We're pleased to have the opportunity to work with so many new communities this year," said LMS CEO Carla Young Kennedy. "Our growth is due to the strong culture of teamwork and the dedication of our employees. I'm proud to work with such a talented, caring staff and look forward to what we will accomplish this year. "Lieberman Management Services, a full service property management company, has been serving community associations, high-rises and co-ops since 1971.

industry happenings HHH

07.18

CONDO LIFESTYLES

From the Editor

his year brought us another wet spring and this one was cool for an extended period of time. When unofficial summer (Memorial Day) arrived, it turned very warm and then very wet with record

CondoLifestyles

rainfalls. The managers and contractors we talked to indicated that they did have ®

Y Mike Davids

some work interruptions from the weather on exterior projects at their properties this season, but nothing that can’t be overcome. Financial conditions continue to improve in most of the Chicago metropolitan area. There is good sales

JULY 2018 | VOLUME 22 | NUMBER 2

activity in the real estate market and home values have improved for many, but not for all. Of course, location dictates exactly how much your conditions have improved.

Editor & Publisher Michael C. Davids

Our cover story offers some perspectives from several leading managers and attorneys on the most com-

Vice President Sherri Iandolo

mon reasons for changes to the rules and regulations at their properties that have occurred in recent years.

Art Director Rick Dykhuis

managers find their career rewarding. However, burn-out is a common challenge for those in community

Special Events Coordinator Mary Knoll Contributing Writers Pamela Dittmer McKuen, Jim Fizzell, David Mack, and Cathy Walker Circulation Arlene Wold Administration Cindy Jacob and Carol Iandolo Condo Lifestyles Magazine is published quarterly by MCD Media, a wholly owned subsidiary MCD Marketing Associates, Inc. For editorial, advertising and subscription information contact: 935 Curtiss Street, Suite 1A, Downers Grove, IL 60515. 630-932-5551 or 630-202-3006.

Our second story is on the importance of the satisfaction level of professional property managers. Most

property management as the job requires evening meetings (on top of day time schedule), mega multi-tasking, and is on the front line of incoming complaints from residents. This article discusses ways to determine, address and increase manager satisfaction. One of our Board Basics articles in this issue covers the handling of board meetings. Managing meetings is important to every association. Creating and following an agenda is a critical aspect of good meeting management. We hope our article in this issue on using an agenda will help you plan and run a successful community association board meeting. A guest editorial on the topic of determining how much money an association should have in their capital reserve account is offered in this edition. Always important and never easy, finding the right level for your reserve account is a decision that is unique to each association. This edition also includes several articles on various topics from a legal perspective. One article aims to debunk common myths related to community associations, another article covers contracts for bulk TV and Internet service, and our final article provides insight on dealing with service animal requests at your association(s).

Circulation: Condo Lifestyles is available for a single issue price of $8.95 or at a $30.00 annual subscription. Distribution is direct mailing and delivery direct through authorized distributors to over 5,000 officers and directors of Common Interest Communities, 800 property managers, 400 realtors, 400 developers and 400 public officials. Total Circulation is 9,500.

Inside this issue we again offer our regular Industry Happenings column and highlights from a variety of special events. Upcoming Special Events Upcoming MCD special events include a luncheon in the Million Room at Arlington International Racecourse on August 23 and our State of the Industry program on December 13th. If your association(s) has a

Condo Lifestyles attempts to provide its readership with a wide range of information on community associations, and when appropriate, differing opinions on community association issues.

special need or challenge, there will be a variety of experts specializing in community association issues in-

All material herein is copyrighted 2018. No part of the publication may be reproduced whatsoever without written consent from the publisher.

cialize with other volunteers and professionals.

This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is issued with the understanding that the publisher is not engaged in rendering legal or accounting services. If legal advice is required, services should be sought. Advertisers assume liability for all content of advertisements printed, and also assume personal liability for any claims arising therefrom against the publisher relating to advertising content. The publisher and editors reserve the right to reject advertising or editorial deemed inappropriate for the publication.

CONDO LIFESTYLES

cluding many members of our advisory board who will attend these events. MCD special events provide a terrific forum for association leaders to get questions answered, meet new vendors, share a story idea, or so-

Thanks to the many new subscribers that have found our publication useful and informative. Special thanks to the firms, associations and groups that are Authorized Distributors of Condo Lifestyles. Those of you who are not current subscribers can find subscription information at www.condolifestyles.net We encourage you to take this opportunity to make your association and your community all it can be. If you have an idea that would benefit other Community Associations, a success story to share, or some advice on how to avoid a problem or failure, please call our office at 630-932-5551. You can also send us an email (mdavids@condolifestyles.net). Y

Michael C. Davids Editor and Publisher

07.18

No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2018©.

SERVICE DIRECTORY

ACCOUNTANTS CANTEY ASSOCIATES, CPA’S (630) 681-9400

ARCHITECTS/ENGINEERS

ATTORNEYS

RICHARD M. FINK, JR. (847) 802-9197

CERVANTES, CHATT & PRINCE, P.C. (630) 326-4930 ext 202

“We Specialize in Emergency Repairs” Architects • Research • Engineering Specifications • Reserve Studies Dick@RichardMFink.com

ANNUAL ACCOUNTING SERVICES: Audits Reviews Compilations / Income Taxes MONTHLY SERVICES: Collection of Assessments Paying of Bills Monthly Financial Statements

www.canteycpa.com

CONDO CPA (630) 832-2222 EXT 113 CONTACT BRAD SCHNEIDER Brad@CondoCPA.com CERTIFIED PUBLIC ACCOUNTANTS

Accounting Solutions for Management Companies & Self-Managed Associations Audit & Accounting Services Income Tax Reduction & Planning

ENGINEERING SUPPORT SERVICES 630-904-9100

DICKLER, KAHN, SLOWIKOWSKI & ZAVELL, LTD. (847) 593-5595

Construction Specifications Roof Evaluations Forensic Engineering Project Management Contact Greg Lason, P.E. www.engineeringsupportservice.com

www.dicklerlaw.com

FULL CIRCLE ARCHITECTS, LLC (847) 432-7114

CERTIFIED PUBLIC ACCOUNTANTS

(847) 496-7180 A full-service accounting firm specializing in the unique needs of homeowners’ associations.

www.ckwcpa.com

ARCHITECTS/ENGINEERS

KEOUGH & MOODY, P.C. (630) 369-2700

Daniel Baigelman, AIA dan@fullcirclearchitects.com Capital Improvements • Reserve Studies Engineering Reports

Legal Representation for Community Associations www.kmlegal.com

www.fullcirclearchitects.com

LAW OFFICES OF KEAY & COSTELLO (630) 690-6446

KELLERMEYER GODFRYT & HART, P.C. (847) 318-0033

BTL ARCHITECTS, INC. (312) 342-1858 Bringing Buildings Back to Life Contact Delph Gustitius www.btlarchitects.com

Investigations and Repair Documents for: Exterior Walls, Windows, Roofs, and Parking Garages Condition Surveys and Reserve Studies www.kghpc.com

BUILDING TECHNOLOGY CONSULTANTS, INC. (847) 454-8800

MUELLER AND ASSOCIATES

ROOFING I WATERPROOFING | FACADES I PARKING GARAGES WINDOWS I RESERVE STUDIES I TRANSITION STUDIES

info@btc.expert

FULLETT ROSENLUND ANDERSON, P.C. (847) 259-5100 www.frapc.com

CUKIERSKI & COCHRANE, LLC

Experts in Evaluating and Solving Building Problems

"Matching Legal Solutions to Real World Problems" Contact: Bob Prince www.ccpchicago.com

STRUCTURAL CONSULTING ENGINEERS

pcostello@keaycostello.com www.keaycostello.com

KOVITZ SHIFRIN NESBIT (855) 537-0500 Advising and Consulting with Business Owners, Community Association Law & Collection Services, Construction Defects, Real Estate Assessed Valuation Reduction, Litigation, Commercial Restructuring, Bankruptcy & Creditors' Rights, Real Estate, Business ,Estate Planning www.ksnlaw.com

(312) 253-7322 Assessment Evaluation & Planning New Structure Design / Existing Structure Modification Building Envelope / Condition & Reserve Studies www.muellerandassociates.org

KLEIN AND HOFFMAN (312) 251-1900 Architectural & Structural Engineering Solutions www.kleinandhoffman.com

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WALDMAN ENGINEERING CONSULTANTS (630) 922-3000 www.waldmaneng.com

07.18

LEVENFELD PEARLSTEIN, LLC (312) 476-7556 Howard Dakoff / hdakoff@lplegal.com www.lplegal.com

FOR DISPLAY OR PROFESSIONAL SERVICES DIRECTORY ADVERTISING INFO, CALL (630) 202-3006

CONDO LIFESTYLES

BALCONY REPAIR

BASEMENT WATERPROOFING

DOORS

THE RESTORATION GROUP (630) 231-5700

THE REAL SEAL, LLC (847) 756-7987

Structural Repair Services Balcony Repair/Replacement Stair Tower Repair/Replacement Fire and Water Response/Restoration dwells@trgrestore.com www.trgrestore.com

austinwerner@therealsealllc.com

WOODLAND WINDOWS & DOORS (630) 529-DOOR (3667)

24 HOURS

BANKING

BUILDING RESTORATIONS Masonry Repair Services, Tuckpointing, Caulking and Concrete Restoration

(847) 253-3886 TEL / (847) 253-3255 FAX John@holtonbrothers.com www.holtonbrothers.com

Commercial Lending and Community Association Loan Program Contact: Timothy J. Haviland, CMCA www.inlandbank.com

ITASCA BANK & TRUST (630) 773-0350

DUCT CLEANING AIRROOT 847-895-9550

Masonry Concrete General Contracting Roofing www.LMCTeam.com

NADCA Certified Duct Cleaning Company

www.airroot.com

DAKOTA EVANS RESTORATION, INC. (847) 439-5367

Loans, Reserve Investments & Lock Box Services www.communityadvantage.com

PEDESTRIAN DOORS / REVOLVING DOORS SECTIONAL DOORS / STEEL ROLLUP DOORS / FIRE DOORS HIGH SPEED DOORS / DOCK LEVELERS

www.doorsystems.com

LMC CONSTRUCTION 708-714-4175

COMMUNITY ADVANTAGE, A WINTRUST COMPANY (847) 304-5940

INLAND BANK & TRUST (630) 908-6708

DOOR SYSTEMS 1-800-THE-DOOR

HOLTON BROTHERS, INC.

ALLIANCE ASSOCIATION BANK (888) 734-4567 Full service banking and lending solutions for management companies and associations. www.AllianceAssociationBank.com

Window and Related Masonry Interior & Exterior Doors | Siding & Gutters www.woodlandwindows.com

ELEVATORS/CONSULTANTS

Tuckpointing ~ Masonry Repairs Waterproofing ~ Terra Cotta Repairs Caulking & Sealants ~ Structual Repairs Cleaning ~ Balcony Restoration Concrete Restoration www.dakotaevans.com

SMART ELEVATORS CO. (630) 544-6829

LS CONTRACTING GROUP, INC. T (773) 279-1122

SUBURBAN ELEVATOR CO. (847) 743-6200

F (773) 279-1133

Simplifying Vertical Transportation Contact: Max Molinaro www.suburbanelevator.com

www.smartelevatorsco.com smartin@smartelevatorsco.com

Contact: Tom Laird tlaird@lscontracting.com www.lscontracting.com

“Together We’ll Shape the Future” www.itascabank.com

MUTUAL OF OMAHA BANK (866) 800-4656 HOA Banking • Internet Cash Management HOA Loans • Online Payment Services www.mutualofomahabank.com

QUALITY RESTORATIONS (630) 595-0990

W. J. MCGUIRE COMPANY (847) 272-3330

SEACOAST COMMERCE BANK 331-305-0869

Tuckpointing, Caulking, Masonry and Concrete Restoration

Full Service Banking and Lending Services Specializing in Homeowner Association & Property Management Solutions rrowley@sccombank.com www.sccombank.com

CONCRETE RAISING CRC CONCRETE RAISING & REPAIR (847) 336-3400 We Save Concrete, You Save Money! www.SaveConcrete.com

CONDO LIFESTYLES

07.18

ENERGY SOLUTIONS CENTERPOINT ENERGY (630) 795-2594 Natural Gas & Electric Energy Reliable Service. People You Trust. Contact: Vickie Farina Vickie.Farina@centerpointenergy.com www.CenterPointEnergy.com/CES

FOR DISPLAY OR PROFESSIONAL SERVICES DIRECTORY ADVERTISING INFO, CALL (630) 202-3006

No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2018©.

SERVICE DIRECTORY

ENERGY USE/BENCHMARKING

FIRE/FLOOD RESTORATION

GARBAGE CHUTE CLEANING

WESTSIDE MECHANICAL GROUP (630) 768-6562 / (630) 369-6690

SKYLINE DKI (708) 629-0563

BROUWER BROS. STEAMATIC (708) 396-1444

"Restoring Happiness" www.skylinedki.com

All types of environmental cleaning. www.BrouwerBrothers.com

FIRE SAFETY & PROTECTION

HANDYMAN/MAINTENANCE

CHICAGO FIRE PUMP TESTING (773) 609-1510

MIDWEST PROPERTY SERVICES, INC. (630) 656-1000

Serving the Tri-State Area Since 1970 Contact: Rob Gliniewicz * Rgliniewicz@wsmech.com

www.wsmech.com

FACILITY MAINTENANCE SP+ FACILITY MAINTENANCE (773) 847-6942 Daily Cleaning Services / Power Sweeping and Washing Painting and General Repairs / Seasonal Services (Snow/Ice Removal) Parking Facility, Surface Lot, PedestrianPlaza, Large Venue or Commercial Retail Building.

Construction / Maintenance / Painting Electrical / Snow Removal

CONTECH

service@midproservice.com / www.midproservice.com

"No Job Too Big or Too Small"

THE FIRE ALARM COMPANY

Contact: Daniel W.Nicholson dnicholson@spplus.com www.spplus.com/FacilityMaintenance

HVAC

(847) 483-3803 Fire Detection & Signaling Systems Fire Alarm Systems Chicago Life Safety Evaluation Solutions Security Systems/CCTV Card Access Systems www.contechco.com

FIRE/FLOOD RESTORATION BROUWER BROS. STEAMATIC (708) 396-1444

NORTHERN ILLINOIS FIRE SPRINKLER ADVISORY BOARD (NIFSAB) 708-403-4468

All types of environmental cleaning. www.BrouwerBrothers.com

FIRECON CONSTRUCTION SERVICES, INC. 847-534-9400

www.firesprinklerassoc.org

JOHNSON CONTROLS SIMPLEX GRINNELL (630) 948-1235

24 Hour Emergency Services www.FIRECONCONSTRUCTION.com

www.genesisconstruction.com

EMCOR SERVICES TEAM MECHANICAL (847) 229-7600

Serving the Tri-State Area Since 1970 Contact: Rob Gliniewicz * Rgliniewicz@wsmech.com

www.wsmech.com

H V A C CLEANING

Fire alarm / Sprinkler systems Fire pumps / Fire extinguishers Backflow prevention Fire panel / Monitoring INSTALLATION | INSPECTION | TESTING | MAINTEnance

www.trgrestore.com

24 Hour Service HVAC • Industrial Refrigeration Service/Maintenance • Systems Integration Energy Management • Electrical Process Piping • Plumbing www.amsmechanicalsystems.com

WESTSIDE MECHANICAL GROUP (630) 768-6562 / (630) 369-6690

USA FIRE PROTECTION (224) 433-5724

J. C. RESTORATION, INC. (800) 956-8844

AMS MECHANICAL SYSTEMS, INC. (800) 794-5033

www.emcortmi.com

Fire Alarm / Sprinkler Systems Fire Pumps / Extinguishers Fire Panel Monitoring Installation / Testing / Maintenance 24/7 Service: (630) 948-1200 www.simplexgrinnell.com

GENESIS CONSTRUCTION, INC. (847) 895-4422

THE RESTORATION GROUP, LLC (630) 870-0658

www.chicagofirepumptest.com

BROUWER BROS. STEAMATIC (708) 396-1444 All types of environmental cleaning. www.BrouwerBrothers.com

24/7 EMERGENCY SERVICE: (847) 816-0050 www.usafireprotectioninc.com

FOR DISPLAY OR PROFESSIONAL SERVICES DIRECTORY ADVERTISING INFO, CALL (630) 202-3006 No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2018©.

07.18

CONDO LIFESTYLES

INSURANCE

LANDSCAPE CONTRACTORS

PAINTERS

HOLLINGER SERVICES, INC. (847) 437-2184

FOX LANDSCAPE 708-514-7307

Property Casualty • Employee Benefits Workers Compensation www.HollingerInsurance.com

George Kinsella -Owner GKinsella@Foxlawn.com

AAA PAINTING CONTRACTORS, INC. (630) 231-8350

ABBOTT PAINTING, INC. (312) 636-8400 (773) 725-9800

ILT VIGNOCCHI (847) 487-5200

ALLIANT/MESIROW INSURANCE SERVICES (312) 595-8135

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Nancy Ayers www.condorisk.com

Quality Painting & Decorating since 1973 Our Mission: Guaranteed Committment to Quality Now offering Parking Lot Painting www.Abbottpainting.com

LANDSCAPE CONCEPTS MANAGEMENT, INC. (847) 223-3800

INTERIOR CONSTRUCTION FIRECON CONSTRUCTION SERVICES, INC. 847-534-9400

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ABC DECO (773) 701-1143

SEBERT LANDSCAPING, INC. (630) 497-1000

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24 Hour Emergency Services www.FIRECONCONSTRUCTION.com

CERTAPRO PAINTERS OF AURORA 866-715-0882

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For more information E-mail: xfinity_communities@cable.comcast.com www.comcast.com/xfinitycommunities

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LANDSCAPE CONTRACTORS

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ACRES GROUP (888) 231-1300 / (847) 526-4554

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HOMETOWN PAINTERS, INC. (847) 870-1600

Professional Landscaping and Snow Removal www.acresgroup.com

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ALAN HORTICULTURAL ENTERPRISES, INC. (630) 739-0205

Locksmith Services, Intercom & Access Control Systems, CCTV, Overhead Garage Doors www.nonstoplocksmith.com

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MASONRY CONSULTING

BALANCED ENVIRONMENTS, INC. (847) 395-7120 | (630) 916-8830

MASONRY TECHNOLOGIES, INC. 630-852-9122

www.BalancedEnvironmentsInc.com

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MIDWEST PROPERTY SERVICES, INC. 630-656-1000 Construction / Maintenance / Painting Electrical / Snow Removal "No Job Too Big or Too Small"

service@midproservice.com / www.midproservice.com

Investigation / Evaluation / Document Review / Expert Witness

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FIRST COMMUNITY MANAGEMENT (312) 829-8900

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Contact Tom Skweres

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ADVOCATE PROPERTY MANAGEMENT (630) 748-8310

PAVING DUBOIS PAVING CO. (847) 634-6089

G&D PROPERTY MANAGEMENT (630) 812-6400

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THE HABITAT COMPANY (312) 527-5400

HEIL, HEIL, SMART & GOLEE LLC 847 866 7400 Quality, Service, Performance and Integrity

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CHICAGOLAND COMMUNITY MANAGEMENT (312) 729-1300

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SMITHEREEN PEST MANAGEMENT SERVICES (847) 647-0010 / (800) 336-3500

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COMMUNITY SPECIALISTS (312) 337-8691 www.communityspecialists.net

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Professional Property Management. Affordable Rate. Contact: Dennis R. Kane; DKane@KanePM.com

MORE LIVING. LESS WORRYING.

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DRAPER AND KRAMER INC. (312) 346-8600 Contact Ian Novak

MCGILL MANAGEMENT, INC. (847) 259-1331

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KSN TAX (847) 537-0500

ACTIVE ROOFING CO., INC. (773) 238-0338/(708) 430-8080

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PROPERTY MANAGEMENT SPECIALISTS 847-845-6067

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PROPERTY SPECIALISTS INC. (847) 806-6121

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Roofing / Siding / Gutters / Insulation www.adamsroofing.com

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Roofing, Siding & Windows www.aaexs.com

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773-989-8000 1509 W Berwyn Chicago IL 60640 Contact: Hugh Rider www.RealtyMortgageCo.com

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CSR ROOFING CONTRACTORS (708) 848-9119

Easy-to-Read, Customized Reserve Studies created by Reserve Specialists & Engineers www.BuildingReserves.com

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BUILDING RESERVES INC. 1 (877) 514-8256

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RESERVE STUDIES RESERVE ADVISORS, INC. A remarkably simple reserve study system Custom, Comprehensive Studies Conducted by Professional Engineers

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ROOFING

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MI CONSTRUCTION AND ROOFING (630) 241-0001

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CONTRACT TOWING (779) 707-6935

Your Home, Our Reputation A+ BBB Rating www.DWingConstruction.com

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INSIDE-OUT PAINTING CONSTRUCTION & ROOFING (630) 406-3000

PROHOME1 630-517-5797 Roofing / Siding Windows / Doors Decks / Gutters & Downspouts Kitchen & Bath Remodeling Specializing in Multi-Family www.prohome1.com

PROHTOP ROOFING (847) 559-9119

www.insideoutcompany.com

UPSTREAM NETWORK 844-55-STREAM

MIDWEST PROPERTY SERVICES, INC. 630-656-1000

www.upstream.network

Siding & Gutters / Wood Replacement Welding & Railings / Snow Removal "No Job Too Big or Too Small"

service@midproservice.com / www.midproservice.com

WOODLAND WINDOWS & DOORS (630) 529-DOOR (3667)

SITE MAINTENANCE, INC. (847) 697-1077

Window and Related Masonry Interior & Exterior Doors | Siding & Gutters www.woodlandwindows.com

www.sitemaintinc.com

250,000 roofs installed since 1963 TEAR OFFS • SHINGLES • FLAT Multi-Family ROOFING Specialist Our experience & technical know-how gets the job done right the first time! www.sdroofing.com sales@sdroofing.com

SNOW & ICE MANAGEMENT ACRES GROUP (888) 231-1300 / (847) 526-4554 Professional Landscaping / Snow and Ice Management www.acresgroup.com

SP+ (773) 847-6942

THE WINTER WERKS (630) 241-0001

A Respected Name in Commercial Roofing For Over Three Decades Roofing/Sheet Metal/Maintenance/Repairs www.vandoornroofing.com

www.admiralsecuritychicago.com

XFINITY COMMUNITIES 1 (800) XFINITY For more information E-mail: xfinity_communities@cable.comcast.com www.comcast.com/xfinitycommunities

WASTE SERVICES LAKESHORE RECYCLING SYSTEMS (773) 685-8811

WINDOWS/REPLACEMENTS D-WING CONSTRUCTION (630) 397-8889 Your Home, Our Reputation A+ BBB Rating www.DWingConstruction.com

www.mancioneinc.com

SECURITY SERVICES ADMIRAL SECURITY DOOR STAFF SOLUTIONS (847) 588-0888

(312) 955-2322

www.LakeshoreRecyclingSystems.com

dnicholson@spplus.com www.spplus.com/facilityMaintenance

VAN DOORN ROOFING, INC. (847) 228-5800

RCN rcnchicagoapts@rcn.net www.rcn.com

We’re Here When You Need Us! www.protoproofing.com

S&D ROOFING SERVICE (630) 279-6600

TV-BULK CABLE & SATELLITE

SWIMMING POOLS

WOODLAND WINDOWS & DOORS (630) 529-DOOR (3667)

SPMS (630) 692-1500

Window and Related Masonry Interior & Exterior Doors | Siding & Gutters www.woodlandwindows.com

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FOR DISPLAY OR PROFESSIONAL SERVICES DIRECTORY ADVERTISING INFO, CALL (630) 202-3006 CONDO LIFESTYLES

CONDO LIFESTYLES

by Ken Bertolucci – NS Management Co., Inc.

Jerry Springer is NOT on the Agenda The scene was tense, with shouting, threats, and concerns about objects being thrown. Despite repeated pleas for quiet, anger and tension hung over the room. Menacing faces glared at the speaker in front at the head table. Is this a description of the latest episode of the Jerry Springer Show? No, just a dysfunctional association board meeting.

f you serve on the board of a condominium, townhome, or homeowner’s association you may have experienced such a chaotic event. This behavioral phenomenon occurs gradually over time, as homeowners and even some board members are not challenged and corrected on their behavior. Thus shouting, threats, and yes, even chair throwing are considered acceptable actions. It does not need to be this way. If your association has fallen into this rut, there are practical and essential steps to regain control.

Stop the Disrupters Provide the guidelines at the start of EVERY meeting. The board president of our best-run Association opens each meeting with an announcement to this effect: “Before we start, I want to explain how we conduct the meeting. First, the Board will conduct our routine business. You are welcome to observe and take notes, but please hold your questions. When the business portion of the meeting is done, you will have an opportunity for comments and questions.”

CONDO LIFESTYLES

The business meeting should follow a set format, such as the following: • Call to Order • President’s Report • Approval of Minutes • Treasurer’s Report • Management Report • Old Business • New Business After the conclusion of New Business, if there is no other business to conduct, the Q&A portion of the meeting begins. Again, best practice is to remind the homeowners of the guidelines, with instructions such as: “Now we will open up the meeting to questions from homeowners. So that everyone has an opportunity, please limit your comments and questions to 5 minutes. In addition, please state your name and unit address before you start your comments.” This provides more behavioral boundaries, and stating their name and address also reinforces accountability for their comments. Many associations also provide a time limit for the Q&A period, usually no more than 20-30 minutes, unless a controversial issue (i.e., special assessment) is being discussed. To further emphasize the “board members only” comment rule during the business portion of the meeting, it is

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helpful to place the tables in front of the meeting room in a U-shape, so that the Board is facing each other and not directing their comments to the audience. The open end of the U should face the audience, but they will only be addressed directly during the Q&A session.

The Outcome For associations that have grown out of control, it will take several reminders to enforce this behavior. It is important to be vigilant about enforcement and not allow out-of-turn comments. As stated before, the behavioral guidelines should be stated before EVERY meeting, since new homeowners will attend that are not aware of proper meeting behavior. Repeating the guidelines also enforces that the board is serious about enforcement and will not allow exceptions. Finally, for homeowners who refuse to comply, even after a reminder, there is a simple process: (1) tell them that further disruptions will cause the meeting to be adjourned, and if they persist, (2) adjourn the meeting. If a disruptive homeowner still refuses to leave, call the police. Security may be required at future meetings until the guidelines are followed. Fortunately, this extreme step is seldom necessary. If meeting behavior is not a problem for your association, be thankful. But if your meetings have grown out of control, this process will get them back on track. You never know, Jerry Springer may even be calling you for advice. Y

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GUEST EDITORIAL

by Salvatore Sciacca, Chicago Property Services

How Much Should Our Association Have in Reserves? Fully Funded, Partially Funded or Under Funded is the Better Question. One of the most widely asked questions by the condo community association board Treasurer is how much should be in the reserves. Another typical question which is essentially the same is “How much should our association put away into the reserves as a part of our annual budget”? The answer is far from simple especially given the fact that there are no state or local laws that require any type of reserve requirements in the State of IL.

he best answer is actually a very short answer. Obtain a reserve study. This is the most comprehensive approach to answering this important question. However, for those associations that choose to not obtain a reserve study or don’t have the funds to pay for it, what then? As a result, let me suggest some techniques that associations can use to determine the right amount of reserve levels.

#1: Employ the Monkey See, Monkey Do approach. In this approach, the board conducts research on the assessment levels of neighboring associations and sets their assessment levels at the same level or lower. This is based on the belief that if their assessment levels are higher than neighboring associations, that will make it harder for their homeowners to sell their units. This approach assumes that it is irrelevant to take into account capital replacement project needs of the association. It is tempting for board members to study assessment levels of nearby associations and not make a determination of the proper reserve levels based on actual facts and conditions within the association. However, those assessment levels of nearby associations are really meaningless unless there is detailed knowledge of the association’s 5 year capital plan and a deep understanding of the building profile and amenities.

#2: Mathematical Formula Approach. In this method, a scientifically developed formula is applied to determine the right level of reserves for the association. The formula is as follows: Take the total annual income of the last APPROVED budget and DIVIDE it by the average number of homeowners that have attended the last 8 board meetings and then MULTIPLY that by the number of effective 1-hour board meetings over the last 5 years. That result gives you the amount that should be in the reserves of your association. This is also a tempting approach to take a cut and dry formula but this doesn’t take into account real conditions for the association.

#3a: Reserve Level Funding Strategy. The association board decides on a funding level and incorporates that with a 5year capital plan and this will determine the right amount in the reserves. There are 3 typical funding strategies: » Fully Funded – In this scenario, the reserves are maintained at a very high level such that virtually all capital projects are paid from the reserves. Notice that I used the word “virtually”. It would be highly unlikely that even in this scenario, the asso-

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07.18

ciation could pay for all capital projects from the reserves as there could be scenarios where the types of costs involved would be so high that it would be impractical to keep such reserve levels. » Partially Funded – In this scenario. the association pays for some capital projects from reserves and in other scenarios, the association pays for the capital projects with a combination of reserves and special assessments. » Underfunded – In this least desirable scenario, the association chooses to intentionally keep assessment levels so low that the reserves are kept at a very low balance. This results in requiring a special assessment for virtually all capital project improvements.

#3b: Develop a 5 year capital plan. A 5 year capital plan will identify all the capital projects that the association will undertake over the next 5 years and sort them by priority and by year. The plan will also identify the costs and reserve amounts required to fund the projects. I also recommend that associations develop 5-year capital plans even though they have a current reserve study. A capital plan is an action oriented plan that is the actual agreed upon plan by the board. In contrast, the reserve study is a very comprehensive and complex document that has recommendations for capital replacements over 25 years but is often times not followed by associations due to the extreme funding level requirements for associations.

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Now let’s take a look at some examples. Example #1: A basic 20 unit condo association. This building has one entrance, a flat roof that is about 20 years old and is a conversion from an apartment building. The board has poorly maintained the association and there are a number of large scale capital projects needed including: » The building needs a new roof for $50,000 in 2019 » There is $75,000 in tuckpointing necessary in 2019 » The interior walls, homeowner doors and hallways need to be repainted for $25,000 – in 2019 » Current reserves are at $20,000 and the association saves $10,000 into reserves on an annual basis » The new board of directors has determined that they want a partially funded reserve strategy. » The association needs $150,000 in 2019 In this scenario, the association is significantly underfunded. The previous board clearly followed the “underfunded” reserve

strategy. In this scenario, the association should have AT LEAST half of the $150,000 in order to follow a partially funded reserve strategy. The association does not have $75,000 as they only have $20,000. And the association of 20 units should keep a minimum of at least $20,000 in reserves at all times. So in this instance, the board will have to approve a special assessment of approximately $150,000 and require the homeowners to pay it back in 12 months since the projects need to take place in 2019. This is clearly a very precarious situation and is unfortunately all too common in community association living. A way to ease the monthly homeowner payments is for the association to apply for a bank loan and spread the special assessment over 3 years. This will add to the cost of the repairs but will lessen the monthly

homeowner payments. So in this scenario, the association should have at least $75,000 in reserves at this time. Example #2: A new construction 35 unit condo association. This building has 3 elevators and flat roof. The developer construction was better than typical new construction so the building has no immediate short term capital projects necessary. » Landscaping upgrade capital project identified in 2020 : $15,000 » Association contributes $15,000 into reserves on an annual basis » Current reserves are $35,000 » The board of directors has determined that they want a partially funded reserve strategy In this example, the association has adequate reserves at this time with the assumption

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GUEST EDITORIAL

that the association will continue to fund the reserves with a $20,000 annual contribution going forward. So in this scenario, the association has sufficient reserves at $35,000 even with the landscaping project identified in 2020. Example #3: A vintage 50 unit courtyard building. This is a 75 year old condo building with a U-shaped courtyard. There are 3 entrances and a parking lot in the back with 50 spaces. » The board of directors have always followed a fully funded reserve strategy » The current reserves are $225,000 » The association board just revised their 5 year capital plan and have identified 4 large scale projects over the next 5 years. » The building needs to resurface the parking lot: $50,000 in 2020 » The association is going to rework all the lobby entrances and refinish the stairwells in 2020: $75,000 » The association needs to get a new roof layer in 2020: $50,000 » Major landscaping upgrade: $50,000 in 2021

» The association budget contributes $50,000 towards the reserves every year. In this instance, the association has a healthy amount of reserves vis-avis the 5-year capital plan. The assessment levels seem appropriate for the needs of the association and the reserves are sufficient enough to fully fund the upcoming capital projects. At the end of 2021, there will be approximately $150,000 in the reserves taking into account annual reserve contributions and the capital project expenses. So in this instance, the association has sufficient reserves at $225,000.

Summary Based on the scenarios above, it is fairly obvious that there is no simple rule to determine how much should be in the reserves of a community association. The examples above

prove that in some cases, a larger size community association is adequately funded with less reserves than a smaller sized community. In cases of larger sized community associations such as high rises, it would make the most sense for the board of directors to pay for a reserve study. In those circumstances, the reserve study would dictate the assessment levels and reserve amounts. For smaller associations, I recommend reserve studies for those associations with larger budgets. In other circumstances, the boards can put together their own in house 5 year capital plan with or without the advisement of a community property management professional depending on whether the association is self-managed or has a community management firm. Y

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CONDO LIFESTYLES

SUBURBAN ELEVATOR

CONDO LIFESTYLES

by Howard S. Dakoff, Esq. – Levenfeld Pearlstein, LLC Adam T. Kahn, Esq. – Levenfeld Pearlstein, LLC

6“Really-Should-Haves”In Any Bulk Cable/Internet Contract On the surface, bulk cable/internet contracts seem like a no-brainer for condominium associations because condominium associations are allowed to contract for bulk cable and/or internet services per Section 18.4(o) of the Illinois Condominium Property Act, which allows the board of directors to leverage collective purchasing power to get a better “deal” on cable and/or internet services than could be obtained by an individual consumer.

owever, before a condominium association’s board signs on the dotted line, there are a few provisions that should be addressed in bulk cable/internet contracts. This article highlights six legal issues (and tips) when negotiating bulk cable/internet contracts.

1. Caps on Price Increases From a unit owner’s perspective, the main benefit of a bulk contract is likely the drastically

reduced monthly price for cable and/or internet. But if increases to the monthly price aren’t capped, a good deal can quickly turn bad. To combat this, a maximum annual percentage increase should be included in any bulk contract. For example, the contract may provide that the bulk monthly price may be fixed for the first year, with a set maximum increase for each of the following years. An annual cap on fee increases helps avoid a price “bait-and-

switch” (i.e., a low introductory rate followed by a surge in pricing that negates initial cost savings) and gives unit owners a level of cost certainty. Tip: Fee increases should be capped to help preserve the bargain and avoid surprises.

2. Contract Term Length Similar to caps on price increases, an overly lengthy bulk contract term can make a deal go south, especially as the cable and internet landscape is changing rapidly. Streaming services like Netflix and Hulu have caused some consumers to “cut the cord” and forego cable altogether. Conversely, the proliferation of Wi-Fi-enabled devices means many consumers have an ever-increasing “need for speed.” Changes in technology make it difficult to anticipate future cable/internet needs, and a good deal now may quickly become outdated 10 years down the line.

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L E G A L U P D AT E

For example, an association saddled with a long-term bulk contract for an extensive cable package and modest internet speeds may regret the decision if cable becomes outmoded and streaming services become the norm, leaving unit owners both overcommitted to cable and underserved for internet. Simply put, the longer the term of a bulk contract, the more likely the services will not fit the (ever-changing) needs of unit owners over the life of the bulk deal. Thus, boards may wish to restrict the term of a bulk contract to three to five years, unless there are facts or offerings that warrant a longer contract term. Another concern with the term length is occasionally found in an association’s governing documents. Some condominium declarations limit the length of service of contracts to three or five years, unless unit owner approval is obtained. Therefore, it is important to determine if unit owner approval is required to approve the length of particular contract term.

3. Access and

Tips: (i) Limit the contract term length to avoid being locked into an outdated deal and (ii) verify whether the declaration and by-laws require unit owner approval for the intended contract term.

Tip: The bulk contract should include access guidelines and require the bulk provider to pay for repairs caused by the provider.

Obligation to Repair Damages to the Condominium

Chances are high that a bulk cable/internet provider will need to install and maintain equipment at the condominium. A bulk contract should therefore specify (i) the procedures for access to the condominium (i.e., when, where, who will be performing the work, how much notice is required, etc.), (ii) that the provider is responsible for maintaining any equipment it installs, and (iii) the provider is responsible to repair any damage caused to the building by the provider relating to the installation or maintenance of the equipment (or pay the association the costs of repairs). Setting out the guidelines for access and repairs can help prevent disputes associated with installation and maintenance of cable/internet equipment.

4. Insurance and Indemnification Requiring the bulk provider to repair/ pay for damages caused to the property (see above) is a good start, but the provider should also be required to (i) maintain certain insurance, and (ii) hold the association and its managing agents harmless from claims arising from the bulk provider’s actions or inactions. The bulk provider’s insurance should also name the association and its managing agents as additional insureds and provide a certificate of insurance once per year to ensure that the bulk provider is maintaining proper insurance coverage. These steps help limit an association’s exposure in connection with the acts of the bulk provider. Tip: Insurance/indemnity requirements should be reviewed/ revised as necessary.

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5. Termination

6. Right of First Refusal

One of the most important provisions to review and negotiate in any contract is the termination provision (e.g., how to get out of it). A bulk contract will likely contain a provision permitting the association to terminate â&#x20AC;&#x153;for causeâ&#x20AC;? only (e.g., in the event of a material breach of the contract). However, there are a handful of additional considerations for termination. First, the contract should state that the provider is not entitled to any termination fee or penalty for termination by the association for cause. Second, the association may want to include a provision for termination â&#x20AC;&#x153;without causeâ&#x20AC;? on the annual anniversary dates (usually after the third year) to avoid the dispute of fighting over whether â&#x20AC;&#x153;causeâ&#x20AC;? exists to terminate (e.g., the ability to not renew the contract with notice). Third, the contract should set the time that the provider has to remove its equipment following termination or the equipment becomes the property of the association in the event of non-removal.

Even with a reasonable term length, a bulk contract may be extended beyond its expiration date by a right of first refusal provision. This provision provides that even after the contract term runs out, the bulk provider has the right to match an offer for similar services. The good news is that this mechanism helps ensure that the association is getting the â&#x20AC;&#x153;marketâ&#x20AC;? rate for the bulk services. The bad news is that (i) the right of first refusal may have a chilling effect on potential bidders who are wary of negotiating a contract with the threat of the original bulk provider matching; and (ii) the association is stuck with the current bulk provider if it decides to match an offer, even if the association would like to go in a different direction for cable/internet for whatever reason. Therefore, any right of first refusal provision should be deleted from any bulk contract. Tip: Any right of first refusal provision should be deleted from the contract.

Tip: The termination provision should be carefully reviewed/ negotiated to avoid a headache down the road in the event of a dispute.

CONCLUSION While a bulk cable/internet package may seem like a straightforward, non-negotiable deal, there are several legal issues that a board should be aware of before entering into a bulk contract. The above list is intended to highlight some of the primary issues to be addressed in a bulk cable/internet contract, but is not an exclusive list. Board members should be mindful that each bulk service contract is different and the actual contract language will depend on the particular facts and circumstances of a building and the providerâ&#x20AC;&#x2122;s proposed terms. Y

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L E G A L U P D AT E

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By: Gabriella R. Comstock and Dawn L. Moody of Keough & Moody, P.C.

Common Myths Related To Community Associations Through the years, we have heard people make many statements related to community associations that are stated with such conviction, and repeated so many times, that people just assume they are true. These same people are shocked when they hear us say “No, that is not true.” In an effort to dispel these myths, we presented a seminar on common myths at CAI-Illinois’ Legal Forum, this past spring. Yet, there are still more to be addressed! Here is take two of Common Myths Related to Community Associations.

1. The Board of Directors for a condominium association must send the proposed rules and regulations to the Owners 30 days in advance of the meeting where the Board will adopt the rules. This is not a requirement of the Illinois Condominium Property Act. The Condominium Property Act requires the Board to call a meeting of the unit owners for the

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purpose of discussing the proposed rules. Notice of the meeting must be sent at least 10 days and no more than 30 days prior to the scheduled meeting and it must contain the full text of the proposed rules and regulations. 765 ILCS 605/18.4(h). For non�condominium associations, the association’s declaration should be reviewed to determine the notice requirements.

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2. A condominium unit owner who cannot attend a meeting of the Board of Directors may give someone else his/her proxy to attend in his/her stead. The condominium unit owner can only give someone his/her proxy to attend on his/her behalf at a membership meeting. Only unit owners may attend meetings of the board of directors for a condominium association, unless the non-owner is invited to attend the meeting, by the Board of Directors. 3. If there is a loss to an area that the condominium unit owner is responsible for maintaining, the owner must submit the insurance claim to his/her insurance carrier. The duty to maintain and the duty to insure a certain area within a condominium association are not always the same. The condominium association has a

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L E G A L U P D AT E

duty to insure the limited common elements under the Illinois Condominium Property Act. 765 ILCS 605/12. However, the association’s declaration may provide that the owner is responsible for maintaining the limited common elements. Maintenance and insurance duties are not synonymous. 4. It is impossible for smaller condominium associations to comply with the terms and requirements of the Illinois Condominium Property Act; hence, the law must make accommodations for smaller associations. WRONG! There are certain provisions within the Illinois Condominium Property Act that may specify different requirements for smaller condominium associations. Yet, the Illinois Condominium Property Act applies to all Illinois condominium associations, regardless of the size of the Association and whether they are professionally or self�managed. Members of the Board do not have to know everything related to the law, but they do have to surround themselves with people who can help them to ensure compliance. 5. The minutes of any meeting should identify all that was said and done at the meeting. The minutes for a meeting of the Board or of the membership should identify all actions taken. Minutes should identify what members of the Board were present at the meeting and if anyone else was asked to attend the meeting, by the Board of Directors, i.e. management representative, attorney, accountant, etc. Minutes should identify old and new business addressed. The terms of any motions made should be identified, along with who made the motion and how many voted in favor or against a particular action. The minutes are a summary of the action taken or what was discussed. They are not meant to be a verbatim transcript of the entire meeting. 6. Board Presidents of a condominium association cannot make motions at a board meeting. Every member of the board can make a motion and can vote on a matter. The Illinois Condominium Property Act does not prevent a President from making a motion, just as it does not prevent any member of the Board from making a motion. A 7. member of the board who disagrees with the decision of the majority should either abstain from voting or should ask that the minutes reflect that he/she disagrees with the decision of the majority. Meetings should reflect who made a motion and who seconded the motion. From there, the minutes should simply identify how many members of the Board

voted in favor and against the particular motion. All members of the Board are expected to carry out the actions approved by the majority of the Board. 8. A complaining witness has the right to know what action a board of directors took against the violating condominium unit owner. The complaining witness has no right to know what action was taken by the board of directors. In fact, the Condominium Property Act prevents the Board of Directors from discussing violations related to a unit

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owner with another unit owner. When asked, the Board of Directors should simply state it is taking all action it deems appropriate. As noted in our CAI presentation, it is important to be aware of the prevalence of myths within the condominium and community association world. If you are unable to point to a particular section of your association’s Declaration or applicable law to support a particular principle or statement, reach out to your attorney to confirm whether you are dealing with myth or fact. Y

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by Amy Peterselli – Kovitz Shifrin Nesbit

ESA and Service Animals - Association Myths Debunked Property Managers and Board Members oftentimes ask how to adequately handle matters involving Emotional Support Animals (“ESA”) and Service Animals. This issue typically arises within Associations with a “no dog” or “no pet” policy when an individual requests an accommodation to these policies for an ESA or Service Animal. Given the heightened sensitivity needed for these issues, it is important to have the facts straight. Myth #1: ESA and Service Animals in Associations are governed by the American Disability Act. Explanation: This may be true for airline carriers, but when dealing with a condominium association or community association (or similar entity), the Federal Fair Housing Act (“FHA”) is the governing authority for ESA and Service Animals. Specifically, the FHA states that it is unlawful for any person to refuse “to make reasonable accom-

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modations in rules, policies, practices, procedures, or services, when such accommodations may be necessary to afford…person(s) [with disability(s)] an equal opportunity to use and enjoy a dwelling.” This includes a request for an ESA and Service Animal for an Association with a “no animal” or “no dog” policy.

Myth #2: A request for an ESA or Service Animal must be in writing.

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Explanation: A request for accommodation for an ESA or Service Animal may be made either in writing or orally to the Association. If made orally, the individual must make it clear to the Association that a request is being made and why (if not readily apparent). Since an Association has an obligation to respond promptly to any accommodation request received, it is important to note that a request may be made simply during a conversation in the lobby of your building.

Myth #3: The Association has to accept a request for ESA or Service Animal no matter what. Explanation: In the event an Association receives a request for accommodation and the disability is not readily apparent, the Association may request reliable documentation from a medical

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provider evidencing an individual is 1) seeking to use and live with the animal has a disability (i.e. a physical or mental impairment that substantially limits one or more major life activities) and that 2)the individual has a disability-related need for that particular animal (the animal either works, provides assistance, perform tasks or services for the benefit of the individual or provides emotional support that alleviates one or more of the identified symptoms or effects of the Residentâ&#x20AC;&#x2122;s dis-

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ability). The information provided can then be reviewed (we recommend by counsel) and a decision can be made whether or not the request meets the necessary criteria.

Myth #4: Only dogs can be ESA or Service Animals. Explanation: Although dogs are common ESA and Service Animals, other animals may be ESA and Service animals as well. It is important to

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determine whether there are any statues or ordinances prohibiting ownership of a particular animal within the city or state. This issue may arise in dealing with exotic animals where licenses may be required for ownership of the animal (or an individual is prohibited from ownership of the animal entirely). There may be ordinances restricting other animals (i.e. farm animals) from being kept within city limits as well. Y

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