o ctober 2016 | volume 20 | number 3
©
THE SOURCE FOR INFORMATION ON COMMUNITY ASSOCIATIONS, CONDOS, TOWNHOMES, CO-OPS & HOAS
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What the New Laws Mean For Association Boards & Managers FEATURES...
Legal Update for Community Associations Tips for Writing Minutes The Top 10 Ingredients of a Well Prepared 2017 Budget UNDERSTANDING THE OMBUDSMAN ACT
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table of contents
MAKE SURE YOUR COMMUNITY
RUNS SMOOTHLY.
COVER STORY
03 What the new laws Mean for Association Boards & Managers by Pamela Dittmer McKuen
Tom Engblom CMCA, AMS, PCAM VP, Regional Account Executive 312-209-2623 Toll Free 866-800-4656, ext. 7498 tom.engblom@mutualofomahabank.com
L E G A L U P D AT E
07 legal Update for community Associations by Mark Swets & ACTHA Legislative Committee EVENT HIGHLIGHTS
09 Mcd Golf invitational
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BOARD BASICS
10 tips for Writing Minutes by Tracy Davis 13 the top 10 ingredients of a Well Prepared 2017 Budget by Salvatore Sciacca L E G A L U P D AT E
15 Understanding the ombudsman Act by Charles Keough 16 industry Happenings Compiled by Michael C. Davids & Sherri Iandolo 20 from the editor 21 directory Advertisements THE LANDSCAPE BUYER
28 the Weather and your landscape by James Fizzell 32 state of the industry Registration EVENT HIGHLIGHTS
33 Mcd showcases the Races L E G A L U P D AT E
34 city of chicago council Adopts Airbnb and VRBo Regulations by Howard S. Dakoff, Esq. & Nicholas P. Bartzen, Esq. BOARD BASICS
37 election 2016: Preparing for your condominium Association election
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coVeR stoRy
by Pamela Dittmer McKuen
What the new laws mean For Association boards & managers the year 2016 has been an active one for legislators with community associations on their minds. Myriad new laws have gone into effect—or will be soon—that impact how boards conduct the business of running their Associations. some are optional, and others are mandatory. And, frankly, a few could use further tweaking.
H
ere we take a look at some of the most significant changes and reactions from industry stakeholders: » The Palm II restrictions regarding executive session are relaxed. the 2014 Illinois Appellate court decision in the case of Palm vs. 2800 lake Shore Drive condominium Association, also known as Palm II, stirred quite a ruckus. It prohibits “working sessions” as well as casual discussions of association matters by more than a quorum of board members. the decision also limited the
topics which boards were permitted to discuss during executive session to pending or potential litigation; employment issues; and violations of governing documents. An amendment to both the Illinois condominium Property Act and the common Interest community Association Act relaxes some of the Palm II restrictions. As of Jan. 1, 2017, board members may privately meet to discuss the following topics without providing notice to owners: pending or probable litigation, third-party contracts and vendor per-
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(Elsewhere in this issue, we give in-depth explanations of the new laws. A legal update article on page 7 covers several updates to the Illinois Condo Act including board communication, budget notices and emergency decisions. An article on page 15 covers the Ombudsman Act updates and article on page 34 explains the Chicago Short-term Rental Ordinance.)
formance, violations of governing documents, and any owners’ unpaid assessments. boards also may use executive session to interview prospective employees and service-providers and to meet with their legal counsel. community Association property management professionals in general are relieved to see the expanded topics approved without the need for additional noticing. the Palm II decision makes some excellent points, but it also lays some burdens on board members and managers alike. “I believe that the overall intent of the Palm case was to reinforce and highlight parts of the condo and cISA Act (open meetings, transparency, proper communication) and that is laudable,” said michael baum, President of baum Property management AAmc in
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lsewhere in this issue, we give indepth explanations of the new laws. the Association of condominium, townhouse and Homeowners Associations (ActHA) legislative committee provides a legal update on Page XXX, and association attorneys Howard Dakoff and nick P. bartzen of levenfeld Pearlstein explain the chicago short-term rental ordinance on Page XXX.)
Here we take a look at some of the most significant changes and reactions from industry stakeholders: The Palm II restrictions regarding executive session are relaxed. the 2014 Illinois Appellate court decision in the case of Palm vs. 2800 lake Shore Drive condominium Association, also known as Palm II, stirred quite a ruckus. It prohibits “working sessions” as well as casual discussions of association matters by more than a quorum of board members. the decision also limited the topics which boards were permitted to discuss
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during executive session to pending or potential litigation; employment issues; and violations of governing documents. An amendment to both the Illinois condominium Property Act and the common Interest community Association Act relaxes some of the Palm II restrictions. As of Jan. 1, 2017, board members may privately meet to discuss the following topics without providing notice to owners: pending or probable litigation, third-party contracts and vendor performance, violations of governing documents, and any owners’ unpaid assessments. boards also may use executive session to interview prospective employees and service-providers and to meet with their legal counsel. community Association property management professionals in general are relieved to see the expanded topics approved without the need for additional noticing. the Palm II decision makes some excellent points, but it also lays some burdens on board members and managers alike. “I believe that the intent of the Palm case/condo/cIcA Act (open meetings, trans-
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parency, proper communication) is laudable,” said michael baum, president at baum Property management in Aurora. “However, these requirements were overkill and borderline ridiculous that made the practical operation of an association semi-impossible. many of these new provisions are practical and useful remedies that will make the operations of a volunteer board much less cumbersome.” “With strict enforcement following the Palm II decision, we have noticed the number and duration of board meetings increase,” said Asa Sherwood, president at FirstService residential in chicago. “board members are volunteers who typically don’t have time for additional meetings, not to mention the additional time commitment these meetings place on property managers.” the expanded use of workshops will allow boards to discuss specific association issues between meetings should allow board members to come to meetings better prepared and cut down on the duration of their meetings, he added. “With the changes now, we hope to
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coVeR stoRy
Aurora. “However, strict adherance of the Palm case were overkill and borderline ridiculous that made the practical operation of an association semi-impossible. many of these new provisions are practical and useful remedies that will make the operations of a volunteer board much less cumbersome.” “With strict enforcement following the Palm II decision, we have noticed the number and duration of board meetings increase,” said Asa Sherwood, president at FirstService residential in chicago. “board members are volunteers who typically don’t have time for additional meetings, not to mention the additional time commitment these meetings place on property managers.” the expanded use of workshops will allow boards to discuss specific association issues between meetings and should allow board members to come to meetings better prepared and cut down on the duration of their meetings, he added. “With the changes now, we hope to be able to have discussions prior to a board meeting that can assist everyone understand what the issue is and what the possible solutions are,” said
marcia caruso, president at caruso management, a division of real manage, in naperville. “research and interviews of vendors should be an easy process, not one where board members are afraid to talk to each other for fear of breaking the law. of course, it is critical that any decision of the board be made in an open meeting.” “these are practical, much-needed changes, but they do not go far enough insofar as making it easy for board members, who are volunteers, to operate their association on a daily basis,” said michael rutkowski, president at First community management in chicago. » Chicago associations get help banning short-term rentals. the city of chicago adopted an innovative new ordinance that regulates short-term rentals and the websites like Airbnb and vrbo that broker them. Perhaps the most significant provision of the ordinance for condominium associations is the ability to be included on a Prohibited building list. the city will monitor homesharing sites and take action against owners who rent their units for short-term stays. rutkowski has mixed feelings about the
ordinance. “While I don’t like this ordinance from the standpoint that it is just another way for the city to jump on this new bandwagon of revenue, the fact that you can register as a Prohibited building is fantastic,” he said. “ninety-nine percent of the associations we manage prohibit short-term renting. However, monitoring and proving such activity is extremely difficult.” “We’re happy about it, obviously, for the security of our buildings and residents,” Gary Kass, president of Kass management in chicago said. “We need to know who is coming and going.” Kass management is advising its client associations to be added to the Prohibited building list, and Kass believes most will do so. For those whose declarations or bylaws specifically prohibit all leasing or short-term leasing, it is a simple matter. others will have to amend their governing documents, as is spelled out in the article on short term rentals on page 34. “For other buildings, if you’re doing a short-term rental and the building has movein and move-out fees, you can make an argument those fees would be applicable, which
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Shaping the future!
would make the cost prohibitive,” Kass said. » Board members can participate via teleconference. the definition of “acceptable technological means” for both condominium and common interest communities was expanded to include any acceptable technological means as long as all persons participating in the meeting can communicate with each other. the effective date is January 1, 2017. “this is a very mobile world, and by allowing board members the flexibility of
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calling in to a board meeting will really open the available pool of potential board members,” Sherwood said. “We have board members who add tremendous value to their associations, but due to time constraints can’t always commit to physically attending board meetings. by calling in, a board member can still add value while not giving up as much personal time. most importantly, there is no transparency lost to the ownership.” Allowing board members to participate
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electronically will greatly assist boards in making the required quorum, Kass said. » Condo boards have more time, fewer budget mailings. the Illinois condo Act was amended to provide owners must receive copies of proposed annual budgets at least 25 days prior to adoption rather than the previous requirement of 30 days. the new math, which went into effect June 1, 2016, works out best for boards that meet monthly. Giving a 30-day notice means budgets must be finalized the month before that, which is about 60 days before the adoption meeting. or they must schedule an interim meeting. With a 25day notice, boards can finalize their budgets the month before the adoption meeting and still have a few days to prepare the mailing. In addition, multiple mailings are no longer necessary to comply with the notice requirement of at least 10 days and not more than 30 days before the adoption meeting. “Saving money starts one step at a time, and again common sense prevails,” caruso said. “the budget timeframe is a good one as timing has always been an issue for getting budgets approved,” said tom Skweres, regional vice president at American community management in Downers Grove. “It avoids the rush, rush of getting a budget approved at the last minute.” » Boards can make emergency decisions. the Illinois condo Act was amended June 1, 2016, to empower and support boards to act in cases of emergency, answering questions raised by the Palm II verdict, which made no such provision. the amendment allows boards to take action but must notify owners within seven business days of the occurrence of the event and the actions taken to address it. “I think the amendment to empower boards to act in the event of an emergency, then have a meeting to ratify their decisions is basically good,” Skweres said. “but I would have liked the amendment to give the board the opportunity to ratify at their next scheduled board meeting instead of calling a special meeting. there is a cost involved for the board to notify the owners. Instead of having to do this for a special meeting and then again for their regular board meeting, this issue can be taken care of in the same meeting. the emergency is already over and hopefully taken care of, so I don’t know why a ratifying decision can’t wait.” Y
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l e G A l U P d At e
by Mark Swets & ACTHA Legislative Committee
legal Update for community Associations there has been a number of recent updates to the illinois condominium Property Act that those involved with community associations should be aware of. Below is a brief summary of this new legislation: BUDGET
MEETINGS
section 18(a)(6) is amended to provide that each unit owner must receive a copy of the proposed annual budget at least twenty five days prior to the adoption of the budget by the boards. the language previously said “thirty” days.” this should make it easier for associations to avoid multiple mailings in order to also comply with the requirement that written notice of that board meeting be given to owners at least 10 and not more than 30 days before the meeting. this amendment is effective June 1, 2016.
effective January 1, 2017, section 18(a)(9) is amended to deal with very limited issues raised by the “Palm” decision. newly numbered subsection (A) expands what a board may discuss in a closed session to include “consideration of information relating to,” in addition to the current discussion of, litigation, employment, and a unit owner’s unpaid share of common expenses. it also clarifies that any vote on matters discussed or considered in closed session must take place at a meeting of the board of managers or portion thereof open to any unit owner.
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newly numbered subsection (B) provides that board members may participate in and act at any meeting of the board, in addition to being present in person, by telephonic means or by use of any acceptable technological means, as long as all persons participating in the meeting can communicate with each other. Participation by phone or other acceptable technology constitutes attendance and presence in person at the meeting. this loosely borrows from the not for profit corporation act, that was applicable to condominiums. newly numbered subsection (c) clarifies that that any unit owner may record the proceedings at open meetings of the board of managers (but not other meetings) by tape, film or other means. newly numbered subsection (d) provides that notice of every meeting of the board of managers must be given (it no longer says “mailed or delivered”) to every board member at least 48 hours
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prior to the meeting, unless the board member waives notice of the meeting. this section was previously ambiguous as to whether such notice had to be mailed or delivered to unit owners as well. newly numbered subsection (e) makes a stylistic change concerning the posting of board meeting notices. notably, that section also adds that notice of every meeting of the board must also be given at least 48 hours prior to the meeting, or such longer notice as the Act may separately require, to each unit owner electronically who has provided
the association with written authorization to conduct business by acceptable technological means. Moreover, to the extent that the condominium instruments of an association require, notice must also be given to each other unit owner who has not provided written consent to receive notice electronically, by mail or delivery, and that no other notice of a meeting of the board of managers need be given to any unit owner.
EMERGENCY DECISION(S) in an attempt to empower and support boards to act in emergencies, section 18(a) is amended to add a new subsection 21 that addresses concerns raised by the “Palm” decision as to how a board can make decisions in such “emergencies.” it states that the board may ratify and confirm actions of the members of the board taken in response to an emergency, as the term “emergency” is defined in the Act, specifically in section 18(a)(8)(iv). However, the board must give notice to the unit owners of the occurrence of the emergency event within 7 business days after the emergency event, and the general description of the actions taken to address the event within 7 days after the emergency event. this amendment takes effect June 1, 2016.
UNIT OWNER WITH DISABILITY section 18.4(q) is amended to make a stylistic change. it requires the Board to reasonably accommodate the needs of a unit owner who is a person with a disability (the section previously used the word “handicapped”) as required by . the federal civil Rights Act of 1968, the Human Rights Act and any applicable local ordinances in the exercise of its powers with respect to the use of common elements or approval of modifications in an individual unit. this amendment is effective June 1, 2016.
DECLARATIONS AND/OR BY-LAWS AMENDMENTS effective June 1, 2016, section 27 of the Act to provide that language in the condominium instruments that requires notice to (not just approval of) any mortgagees (and adds other lienholders of record as well) is valid. Additionally, the board can amend the condominium instruments, without owner approval, if there is an error or inconsistency in a condominium instrument such that they do not conform to the Act or to another applicable statute. the section previously just said “error.” Also, the amendment clarifies that any provision in a condominium instrument requiring or allowing unit owners, mortgagees, or other lienholders of record to vote to approve an amendment to a condominium instrument, or for the mortgagees or other lienholders of record to be given notice of an amendment to a condominium instrument, is not applicable to an amendment to the extent that the amendment corrects an omission, error, or inconsistency to conform the condominium instrument to the Act or to another applicable statute. Y
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eVent HiGHliGHts
July 15, 2016 at Eaglewood Resort
MCD Golf Invitational The 20th annual MCD Golf & Bocce Invitational was held on July 15, 2016 at Eaglewood Resort in Itasca. Over 200 participants played golf or bocce and enjoyed industry networking at a special reception. Special thanks to Tim Conway of Golub & Co. and Mydraine Janvier of ALMA Property Management who served at co-chairs. Major sponsors of the event were Suburban Elevator, Westside Mechanical, Xfinity Communities, FirstService Residential, Inside Out Painting, RCN, American Building Contractors, CertaPro Northshore, Nonstop Locksmith, Semmer Landscape and DuBois Paving Co.
Y Shown above is 2nd Place golf foursome (from L to R) John Sparacino -Genesis Construction & Bill Price - Complex Painting, Cathy Ryan - Property Sepcialists and Michael Kreibich - Kovitz Shifrin Nesbit.
Y Pictured here is 1st Place golf foursome (from L to R) Mitch Vucic, Stan Niketic, Tony Briskovic, and Rudy Karastanovic Chicagoland Community Management.
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Y Shown here is a group of volunteers and committee members.
Y Pictured above are Bocce Tournament winners (from L to R) Joe Sorgani - ALMA Property Management & Josh Donaldson - Woodland Windows & Doors (3rd Place), Angel Runnion Williamson Management & Ron Muldoon -CertaPro Northshore (2nd Place), and Stuart Fullett & Jeff Swanson Fullett Rosenlund Anderson (1st Place).
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by Tracy Davis, American Property Management of Illinois
tips for Writing minutes Why meeting minutes are important
A
ll association staff has had this feeling: well, sooner or later, I will have to deal with the minutes of that meeting. Writing minutes is one of the least appreciated tasks, but it’s absolutely essential for an association to have accurate records. You shouldn’t be intimidated by the term “minutes” since it’s actually a little misleading. After all, your committee or board doesn’t want or need a record of its meeting proceedings minute by minute! but it is important to capture the essence of the meeting. Here are a few tips that can help you go through the process in a (hopefully) less painful way.
might not even be able to hear everything that is said. Some tips: • create an outline – Having an outline will allow you to write down the necessary information under each item as you go through the meeting. If you prefer to rely on handwriting, consider including space below each item on your outline for your hand-written notes, and print them (like it was a high school exam!).
Why do associations need minutes for their meetings in the first place? Well, there are a handful of reasons why: • It is legally required in most cases. not much room for choice here! • It will help summarize the conversation and focus your attention and your members on the most important and relevant aspects of your discussion. • With a clear list of actions, you are more likely to get things done by the people that committed to do them during the call or the meeting. but how can you ensure that you capture all the necessary information during the meeting? Sometimes there is a lot going on, people tend to deviate from the point, and if the meeting is held via conference call, you
• check off on a list the attendees as they enter the room/call – this is especially important if you are not familiar with the group, or if it is a particularly crowded meeting. • Write down decisions or notes on action items as soon as they happen – It does not matter if the decision is changed further during the meeting, it will help you follow the
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BoARd BAsics
their minutes reviewed by legal counsel.
decision making process, and double check the action is agreed as initially foreseen. • If you did not understand what is being said… speak up and ask for clarification! – Some people might speak very fast, some others may have a heavy accent, and sometimes your mind might just be somewhere else (i.e. loading a presentation or retrieving a document). moreover, if the group starts a discussion on the next item without a clear decision, ask for clarification of the decision, timing, and next steps. • there is no point trying to take notes of the entire conversation – make sure you get the necessary items, and focus your attention on understanding the essence of the discussion, and what the participants are trying to express. the meeting is over. You are back to your desk, and you think, for a moment, that the job is done. not yet! • Do your best to type up your minutes straight away – Your future self will be very happy if you write the minutes while the meeting is fresh in your mind. It does not only make the writing process easier, but it also improves the effectiveness and the accuracy of the text.
• Four eyes are better than two – It is never a bad idea to double check your minutes with someone else. A fresh pair of eyes will spot mistakes that you did not see, and will point out inconsistences or unclear parts that you were not able to identify. being corrected in this situation does not necessarily mean you are terrible at taking minutes! It just means you are committed to ensure the text is clear and understandable by everybody. Some associations also have
• A trick that can always help – Print the minutes before circulating them. If you can read the text on paper, and you can follow the whole thing without making any further remarks… congratulations! You made it.
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Baum PROPERTY MANAGEMENT
Professional Community Management
SAMPLE MEETING MINUTES 1. CALL TO ORDER President <> called the meeting to order at 6:30 p.m. at < LOCATION >. 2. ROLL CALL A. Board Members <name>, President <name>, Vice President <name>, Secretary <name>, Treasurer (absent) <name>, Member at Large participated by telephone B. Others Present <name>, Manager <name>, Recording Secretary <name>, Association attorney 3. OPEN FORUM 4. APPROVAL OF MINUTES The minutes of the <DATE > meeting were approved as submitted.
C O N TA C T
Michael D. Baum, CPM, PCAM
630-897-0500 www.BaumProp.com
5. FINANCIAL REPORT Since the Treasurer is on vacation, <NAME > gave the Treasurer's report as follows: A. Total Assets as of <DATE > B. Operating $ C. Reserves $ D. Delinquencies <$>
8. NEW BUSINESS A. Wheel Chair Ramp. A homeowner re[NOTE: FAILURE TO INCLUDE THIS IN quested permission to install a temTHE MINUTES COULD BE THE BASIS porary wheelchair ramp at his ? FOR A LEGAL CHALLENGE TO A FORE expense to accommodate an upcomCLOSURE ACTION.] ing surgery. So as to reasonably accommodate the request and per 6. MANAGERS REPORT recommendations of the associaA. Front Entrance Resurfacing - work is tion's legal counsel, the Board apcomplete. proved the request subject to proof B. Planter Repair - waterproofing comthat the owner's contractor is liplete, painting scheduled for next week. censed and insured. C. Recreation Room Television - a 46” tv B. Reserve Study. Since annual reserve and wall mount purchased & installed. updates are required by law and since E. Fire Sprinklers - inspected by the association's reserve specialist Fire Department and signed off. prepared the study now being used by G. Plumbing Consultant - 3 firms conthe association, the board reviewed tacted re investigation of plumbing and approved the proposal by <NAME OF RESERVE SPECIALIST > to update complaints. last year's study at a cost of <$___>. Currently awaiting responses. E. Lien on APN <> approved by the Board.
7. OLD BUSINESS A. Fountain. The Board discussed a revised proposal to install a water fountain in the clubhouse. After discussion, the request was not approved because only two bids were submitted and they exceeded the amount budgeted for the work. The board sent the project back to committee for further review and recommendations.
EXECUTIVE SESSION SUMMARY <EXECUTIVE SESSION MEETINGS
8:00 p.m. Meeting adjourned. [ SECRETARY’S SIGNATURE
MUST BE GENERALLY NOTED IN THE MINUTES OF THE NEXT OPEN BOARD MEETING. >
The Board met in Executive Session <DATE > at <TIME> and took the following actions: 1. Delinquencies. a. Approved a foreclosure action against APN <#> for delinquent assessments.
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9. NEXT MEETING DATE. The next monthly Board meeting is scheduled for <DATE > at 6:30 p.m.
_________________________________________________ NOTE: MEETING MINUTES MAY BE SIGNED USING ANY OF THE FOLLOWING METHODS:
[NOTE: FAILURE TO INCLUDE THIS IN THE MINUTE SUMMARY COULD BE THE BASIS FOR A LEGAL CHALLENGE TO A? FORE CLOSURE ACTION.]
b. Approved write-off of uncollectable debt of $< AMOUNT > owed on APN <#> due to bankruptcy.
[ A SIMPLE SIGNATURE LINE
_________________________________________________ Jane Smith, Secretary [ AN ACKNOWLEDGEMENT AND SIGNATURE LINE:
These minutes were approved by the Board of Directors.
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2. Disciplinary Hearings. a. A disciplinary hearing was held with an owner whose tenant is in violation of the association's nuisance noise restrictions. b. Approved fine against homeowner for repeat violation. c. Approved a fine against a homeowner, which was waived for six (6) months pending no repeat violation. 3. Reimbursement Hearing. Approved a reimbursement assessment against a homeowner for a plumbing expense paid by the association and determined to be homeowner's responsibility.
_________________________________________________ Jane Smith, Secretary [ A CERTIFICATION AND SIGNATURE LINE
SECRETARY'S CERTIFICATE I certify that the foregoing is a true and correct copy of the minutes approved by the Board of Directors. _________________________________________________ Jane Smith, Secretary
Date
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BoARd BAsics
by Salvatore Sciacca, Chicago Property Services
The Top 10 Ingredients of a Well Prepared 2017 Budget Whether you are a community property manager or a board of director, the time has once again arrived for the 2017 budget preparation and implementation. By now the associations that retain professional management companies should have received their proposed 2017 budgets and self-managed associations should be actively putting together their 2017 budgets as well. As a result, i thought i would share my “italian sauce recipe” for preparing and implementing a successful budget seeing how passionate i am about cooking. 1. Review last year’s tomato sauce. Was it finger licking good? or did some of the jars end up spoiled? Alternatively, perhaps, you didn’t get around to making the sauce last year? similarly, how well did last year’s budget stand up to the actual numbers? then again, was a budget approved? check the numbers year to date and over the last 12 months and see how well the budget held up to actual numbers. did you end up blowing the budget mid-year?
2. Decide how many jars of sauce you want to make this year. last year, we made 50 jars. Perhaps this year, we want to make 100. similarly, it’s important to plan ahead for the capital repairs expected in 2017. ideally, your association should have a reserve study that looks about 25 years ahead. However, in the event your association doesn’t have a reserve study, it is just as important to look ahead, especially for the costly capital repairs by putting together a basic 5 year capital plan. And it’s AlWAys less expensive to pull the trigger proactively rather than when it’s an emergency. Plan ahead, your homeowners will thank you in the long run.
3. Did you purchase the glass jars and sterilize them properly? if you don’t sterilize the glass jars correctly, the sauce will spoil and you will have to throw all the sauce away. similarly, if you don’t properly plan out the budget correctly, you will surely blow out the numbers in the budget by mid-year. Budget realistically and with the intent to build the reserves. Aim for at least a 10% reserve contribution surplus.
4. How were the ingredients used last year? Perhaps you may want to invest in better quality tomatoes so you can cook a better tasting sauce. start using pear shaped tomatoes instead of Roma tomatoes. this might actually cost more money. similarly, perhaps it’s time to raise the assessments. don’t tell me, the assessments haven’t been raised in 10 years? Well times have changed and it’s time to get current with today’s expenses versus yesterday’s lower costs. People are willing to pay for a better tasting sauce so raise your assessments and get more done around the association so the homeowners can experience the difference.
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9. Decide how many types of sauces you want to make. do you want to make a Bolognese sause? How about a Puttanesca sauce? or perhaps a spicy sauce with mushrooms? similarly, decide how many different types of cosmetic repairs the association is going to make next year. there are many ways to improve curb appeal without costly capital improvement projects. this will drive up resale values.
5. Did you cook the tomatoes long enough? if you don’t cook the tomatoes long enough, they won’t soften up enough and then when you put them through the food mill, they won’t crush correctly. similarly, make sure you spend enough time reviewing the proposed budget and take as long as it takes to approve a properly prepared budget. in addition, make sure that it has a contingency line item just in case something happens unexpectedly.
6. Did you mince the garlic fine enough last year? the difference between the right way to mince garlic and the wrong way can decide if it is a good sauce or an outstanding sauce. similarly, did last year’s budget have the right amount of expenses in the respective budget categories? did you include life/fire safety expenses? did you include a line item
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for preventative maintenance? you want to always have the association’s life/fire safety equipment in good working order before there is a life/fire safety emergency.
7. What kind of onions did you add? sweet Vadalia onions? yellow onions? White onions? this small detail can make all the difference in the world of taste. similarly, did you take into account costs for the skyrocketing water bills? did you hear that water bills are going UP all over the chicagoland area?
8. consider using a higher quality olive oil, especially an extra virgin olive oil. the richer the oil flavor the better the sauce flavor. similarly, it’s better to have a moderately overfunded association than an underfunded association. so take that into account when deciding how much to raise the assessments.
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10. Set a date to make the sauce well in advance. you never want to make sauce at a spur of the moment. it will never come out right. similarly, plan the approval of the budget well in advance. send out the proposed budget well in advance and in accordance with illinois state laws, municipal laws and your governing documents. you never want to approve a budget on a whim. you won’t end up liking the flavor.
Summary sauce making is a process that takes time and careful planning. if done right, you will savor the flavor jar after jar over the course of the entire year. similarly, if you properly prepare the budget, review the budget, make adjustments according to current and projected conditions, you will most assuredly approve a well-seasoned budget that will stand the test of 12 months time. Y
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l e G A l U P d At e
by: Charles M. Keough - Keough & Moody, P.C.
understanding the ombudsperson Act the ombudsperson Act (765 ilcs 615/1 et seq.) (“the Act”) creates the office of the condominium and common interest community Association ombudsperson within the illinois department of financial and Professional Regulation.
A
n ombudsperson, as defined by merriam Webster, is a person (such as a governmental official or employee) who investigates complaints and tries to deal with problems fairly. the purpose of an ombudsperson in the State of Illinois is to provide education for owners, associations, and board members as to their rights and obligations under applicable laws, collect empirical data as to the nature and incidence of problems within associations in order to determine what legislative reforms are needed, and provide assistance to aggrieved individuals. the Act is applicable to all condominium associations governed by the Illinois condominium Property Act (“IcPA”) and all common interest communities governed by the common Interest community Association Act (“cIcAA”). So what are an association’s obligations under the ombudsperson Act? the first and perhaps most important obligation is that an association must adopt a written dispute resolution procedure. the original deadline for an association to adopt this procedure was the end of this year. As a result of recent legislation, Associations will now have until January 1, 2019, to adopt a written policy for resolving unit owner disputes as well as sample complaint forms. Written complaint procedures adopted by an association must explain the process by which complaints should be delivered and the association’s timeline (not more than 180 days) and manner of making final determinations in response to an owner’s complaint. Final determinations must be in writing and must be clearly marked as final. After July 1, 2020, owners may seek the assistance of the ombudsperson to resolve a dispute. the ombudsperson will not involve itself in disputes related to managers or management companies, nor disputes involving pending legal action. only qualifying unit owners may make complaints to the
ombudsperson. In order for a unit owner to qualify to make a complaint to the ombudsperson, the unit owner must not be in default in terms of payment of common expenses, unless that is central to the dispute, the dispute must have occurred within the past two calendar years, the owner must have followed the complaint procedure within their own association and received a final adverse decision, and the owner must file the request within thirty (30) days of receipt of the final determination from the association. the second obligation of an association is to register with the Department of Financial and Professional regulation in a form and
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manner provided by it. the first registration is due July 1, 2017, or when there are a more formal set of rules and forms for registration, whichever is later. It will likely be several years before the required registration process is established. there is currently no registration fee required, however if an association fails to renew or timely register, a late fee may be imposed. Failure to register within two (2) years of the effective date or failing to renew on three (3) or more occasions may result in an association being prevented from enforcing its collection rights. the above information is a brief synopsis of the ombudsperson Act and is not intended to be all-inclusive. We continue to expect subsequent changes to the Act. Please stay tuned for further information. In the meantime, if you or your association has any questions regarding the ombudsperson Act, contact legal counsel. Y
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industry happenings
Community Specialists
Judy Rowe, ARM, CMCA, PCAM, AMS was recently named Director of Supervisors for Community Specialists. The announcement was made by Rosemarie Wert, a Director at Community Specialists. Ms. Rowe has 40 years experience in the management and operations of Chicago properties, including residential, commercial office and retail facilities. She has been with Community Specialists for 24 years. Ms. Rowe’s duties include staff supervision, budgeting, financial reporting and acting as liaison to the condominium association. In addition to this role, Ms. Rowe supervises the management of vintage as well as highrise condominium properties. The Chicago Chapter of the Institute of Real Estate Management awarded her its Accredited Residential Manager Leadership Award (ARM) in 1991 and named her Accredited Residential Manager of the Year in 1989. In 2005, the National Board of Certification for Community Association Managers awarded Ms. Rowe the designation of Certified Manager of Community Associations (CMCA). Through the Community Association Institute Ms. Rowe earned the accreditation of both the Professional Community Association Manager (PCAM) and Association Management Specialists (AMS). In 2015, the Community Association Institute, Illinois Chapter named Ms. Rowe the Manager of the Year.
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Ms. Rowe is a past President and current director of ABOMA. She serves on the Labor Negotiation Committee with SEIU Local 1 contract negotiations and on the Education Committee which is developing continuing education programs for Illinois licensed community association managers. She is a Management Trustee for the Local 1 SEIU Training Y Judy Rowe Fund and is currently a member of the Certified Residential Engineer Program Development Task Force and will serve as an instructor for the course. Ms. Rowe studied business administration at Indiana University Northwest and is accredited by both the Institute of Real Estate Management and the Community Associations Institute.
FirstService Residential
FirstService Residential is excited to welcome Victoria Beavers as the new Business Development Manager and Dayna Bina as the Marketing & Sales Operations Specialist. Beavers brings 15 years of property management experience, having most recently worked as the Director of Association Management for a full-service real estate group in Columbus, Ohio. Beavers will implement strategic sales initiatives and foster great relationships with new clients in Chicago and the suburbs. Before joining FirstService Residential, Bina was the Marketing Manager for a boutique commercial real estate firm in Portland, Oregon. Bina will develop and implement marketing strategies to support community engagement and maintain high client retention. “We believe Victoria and Dayna are the perfect team to continue our explosive growth throughout Illinois for years to come.,” said Asa Sherwood, FirstService Residential Illinois President. “We are pleased to welcome Dayna and Victoria to FirstService Residential’s exceptional group of talented and experienced professionals.”
Please visit us at www.condolifestyles.net ... and view mcd event photos at Facebook/mcdmedia
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indUstRy HAPPeninGs
The Habitat Company
FirstService Residential held their annual Vendor Expo on Friday, July 29th. Over 200 guests were in attendance along with 60 industry partners that exhibited their products and services to FirstService managers and operational teams. Held at the Abbington Banquet Hall in Glen Ellyn, FirstService Residential proudly donated over $10,000 of the event proceeds to the Neighborhood Housing Service of Chicago (NHS). Visit www. nhschicago.org to see how NHS supports and revitalizes neighborhoods in need. FirstService Residential President Asa Sherwood commented, “We’re very proud to be part of an industry that positively impacts the lives of so many. That is why we created our Vendor Exposition - bringing the industry’s best and brightest together in a dynamic learning environment for our customers and valued partners to forge new relationships and share ideas.” This year, the event also featured an informative seminar on Reserve Studies.
The Habitat Company is pleased to announce that John Hancko has joined Habitat’s team as Director of Business Development & Regional Manager of Condominium Management. Mr. Hancko’s objectives will be to support Habitat’s goal of developing new relationships in the interest of generating new business while cultivating our partnership with existing clients. Additionally, Mr. Hankco will serve as regional manager to support our community managers in the areas of execution of company/association policies, collections, preventive and corrective maintenance programs. John has over 16 years of real estate experience in residential and commercial management. The Habitat Company recently welcomed Heather Mchenry as the new onsite property manager for the 600 North Kingsbury Park Place Condominium Association. Having managed several large downtown properties over the last ten years, Heather has a wealth of property management experience along with operational creativity, and exemplary customer service.
ACTHA
The Habitat Company has been awarded the management contract for The Cornell Village Condominium Association as of Tuesday, November 1st. The Association is located in the Hyde Park neighborhood only one block west of Burnham Park. Amenities consist of 24-hour door service, an outdoor pool, exercise room, and sauna. Cornell Village is a community of 166 units distributed between a 27-story high-rise tower (148 residents) and townhouses (18 residents). Governance is by three associations (one each for the Tower, Townhouses, and Master Association). John Hancko, Director of Business Development/Regional will be the Regional Manager for the Association.
ACTHA held it's annual South Expo on September 24 in Tinley Park and their North Expo on October 15 in Northbrook. Topics covered included Common Interest Community Association Act for Dummies, Palm II Court Case, Property Tax Appeals, Collecting Assessments, Disaster Preparation and Ask a Professional. For more information please visit www.actha.org
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The Habitat Company
The Habitat Company celebrated its 45th anniversary on September 30th with a special event held at the Embassy Suites in Chicago. The gala event was attended by 1700 including many clients, partners and government officials. In the spirit of giving back to their communities and connecting with their residents, the Habitat Company kicked off a ”celebration campaign” this past February with Habitat company team members volunteering for resident social events at various properties they manage. The company also held a larger event on August 6 & 7 in Birmingham, Alabama & Florida where they are partnering with The Kids in Need Foundation, a national non-profit agency. Habitat President Matt Fiascone expressed his pride, “We are proud of these events as it allowed us to strengthen our commitment to excellence at each community and bond with team members to show how much we value and appreciate our residents.” From the development of South Commons, Chicago’s first successful mixed-income community in the early 1970s, to Presidential Towers, a four-building, 2,346 unit, city-within-a-city, in the mid-1980s, Daniel Levin, Habitat’s Chairman and a major figure in Chicago’s real estate market was ahead of his time – paving the way for growth and development across Chicago. Habitat has become one of the most respected residential firms in the United States. Today, with over $3 Billion in assets under management and 800 team members, Habitat manages more than 25,000 residential units across many property types, including luxury rental apart-
ments; condominiums; and affordable, public and senior housing. Habitat is responsible for the management of over 4500 community association units. “We believe in doing things right the first time, offers Senior Vice President Diane White. “Whether it's ensuring a seamless transition to our services, preventive maintenance or creating and sticking to a budget, we want to delight board members at the associations we manage every step of the way.” Reflecting back on how he and The Habitat Company have sustained their success over the years, Mr. Levin shared his sentiment that “No project is only an investment in real estate. It is an investment in the future of the community and in the lives of the people who will live and work there.” He continued, “Our mission is to be the innovative leader in the development and management of a broad range of housing and real estaterelated facilities and services. Guided by our Core Values and with a firm belief that our people make the difference, we strive for excellence every day.” Matt Fiascone echoed Mr. Levin’s comments and added, “Mutual respect, honesty and integrity are cornerstones of our company. "For 45 years, The Habitat Company has established deep, long-term relationships and has enjoyed a reputation for providing both our clients and our residents with service that's second-to-none," said Fiascone. "We look forward to the next 45 years as we continue to expand our portfolio and further our commitment to excellence."
ABOMA
The ABOMA Annual Meeting and Holiday Party will be held on Friday, December 2nd in the Cathedral Hall of the University Club of Chicago. Registration and Reception begin at 11:30am, followed by a Luncheon and Meeting. A gala reception follows the meeting. For more information visit www.aboma.com.
CSR Roofing
CSR Roofing Contractors Inc. recently donated their time to YOUth CAN Program Chicago. CSR helped to remove the leaking roof at the YOUth CAN facility in the Austin Neighborhood in preparation for a new Sikaplan roof system. YOUth CAN Chicago’s mission is to intervene in the lives of disadvantaged youth in the community by enriching their academic assistance, computer technology, art and music programs. YOUth CAN strengthens the selfpreservation skills of community youth by giving them the tools necessary for success.
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708.926.2304 gsemmer@semmerlandscape.com
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indUstRy HAPPeninGs
Associa
Associa, the industry’s largest community management firm, proudly announces Don Kekstadt as regional vice president, acquisition operations. Kekstadt was the president of Associa Chicagoland before being asked to step into this new role where he will be heading the opera- Y Don Kekstadt tional portion of Associa’s acquisition team and working with new branch offices to help integrate them into the Associa family. “Don is a community management visionary who is one of the foremost experts in this industry and the perfect person to mentor new branches that partner with Associa,” says Associa Senior Vice President, International & Acquisition Operations John Ingenito. “It’s always challenging when we bring new acquisitions into the fold and to have someone there as a guide who has been through it before will be vital as we continue to grow.” Kekstadt has been with Associa for four years. For three years preceding, he was the CEO of Legum & Norman Mid-West which became Associa Chicagoland through acquisition. Prior to that, he was an executive vice president at Lieberman Management Services and superintendent at Arlington Park. Kekstadt is a member of the State of Illinois Community Association Manager Licensing Board and holds Community Associations Institute (CAI) designations of Association Management Specialist (AMS) and Professional Community Association Manager (PCAM).
industry happenings
Hillcrest Management
When the law was enacted to require property managers to be licensed, the industry as a whole suffered a decrease in property managers. Hillcrest Property Management saw the direct impact this caused and their solution was to create a Manager Mentor Program. The mentees work closely with a mentor who is an experienced licensed property manager from Hillcrest. They utilize hands-on experience and shadow their
Baum Property Management
Baum Property Management held their annual Octoberfest event on Friday September 30, 2016. Over 150 people attend the event that was held at the offices of Baum Property Management at 540 West Galena Blvd, in Aurora, IL. Proceeds from the event were donated to Joseph Corporation, a community based non-profit organization established in 1991 to address affordable housing needs in the Aurora area through rehabilitation of distressed properties and by developing affordable rental housing. The mission of Joseph Corporation is to empower individuals, stabilize families, and revitalize neighborhoods through a variety of economic and social initiatives. Joseph Corporation increases home ownership opportunities by offering education and counseling for firsttime home buyers. They provide counseling in the areas of credit and budgeting, mortgages, post-purchase and home maintenance ,foreclosure prevention as well as providing other home owner assistance programs. Joseph Corporation employs a professional, bi-lingual staff and is governed by a volunteer board of directors. Joseph Corporation is a registered 501 (c) (3) organization in Illinois and a Fox Valley United Way Agency. Since 1999, they have been a chartered member of Neighborworks® America, a group that brings together 234 non-profit housing developers serving over 1,400 communities. mentor to associations and board meetings in order to fully understand the functionality of a property manager’s role. During the process, the mentees also attend many educational seminars. Hillcrest is very proud to announce that since the program started in January of 2016, 4 individuals have “graduated!” A big congratulations to Thomas Purrazzo, Jamie Cnota, Valerie George and Jen James on becoming licensed property managers! We are also excited to welcome Lindsay Diaferia to the Hillcrest family as a new mentee!
Associa Chicagoland
Associa Chicagoland recently announced that Stephanie Skelley is its new president. She will be responsible for setting strategy, directing management operations, client relations, training, business development, strategic Y Stephanie Skelley planning and leading local executive associates from all three office locations – Plainfield, Schaumburg and Chicago. “Stephanie is a testament and inspiration to our new community managers just starting out because that’s how she began with us a decade ago. Her dedication to the industry and tireless work ethic has gotten her to where she its today,” says Senior Vice President Craig Koss. “She is a natural leader and I have full faith that she will continue to do great things in this new role.” Skelley has been with Associa Chicagoland for 10 years. She began as a community manager coming from the private club management industry and most recently served as the executive vice president. She has earned her Certified Manager of Community Associations (CMCA), Association Management Specialist (AMS) and Certified Guest Service Professional (CGSP) designations. She is a graduate of Texas Tech University with a Bachelor of Arts in Public Relations. Building and managing successful communities for more than 37 years, Associa is the industry’s largest community association management firm with over 10,000 employees operating more than 180 branch offices in the United States, Mexico, Canada, the United Arab Emirates and South Africa. Based in Dallas, Texas, our industry expertise, financial strength, and innovation meet the unique needs of clients across the world with customized services and solutions designed to help communities achieve their vision. To learn more about Associa and its charitable organization, Associa Cares, go to www.associaonline.com or www.associacares.com.
4:10 PM Page 1
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From the Editor
M
any of us consider autumn our favorite season. typically, fall offers beautiful colored trees, mild temperatures to enjoy, bountiful harvests and a time
CondoLifestyles
ÂŽ
to pause and give thanks for all that we have. fall is also the time for budg-
Y Mike Davids
eting for next year, elections of all types, and finishing up outdoor projects. of course before the season is actually over, we will be slammed with holiday events and activities along with the cold and snow of winter.
october 2016 | volume 20 | number 3 editor & Publisher Michael C. Davids vice President Sherri Iandolo Art Director Rick Dykhuis Special events coordinator Mary Knoll
this fall has been another very active season for new laws for community Associations. this time around it seems as though most of the new laws are corrective measures and adjustments to previously passed laws. our cover story offers the perspective of a number of leading community management company executives on the new laws. We also have several articles that provide an overview of the new laws in the areas of board communication, budget notices, emergency decision making, short-term leasing and the ombudsman Act. fall is the time for preparing budgets and holding elections at community associations for next year as well as wrapping up exterior projects. As such, we have an article on budgeting as well as an ar-
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. 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. 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. All material herein is copyrighted 2016. No part of the publication may be reproduced whatsoever without written consent from the publisher. 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.
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ticle on elections featured in this edition. documenting the decisions made at meetings is important at all times of the year so we have included an article that offers tips on taking meeting minutes inside this issue. A special article featured in this issue is about the recent weather and its impact on landscapes. this article appears regularly in our sister publication, chicagoland Buildings and environments. if you find this information helpful and are not familiar with cBe, please let us know. our regular industry Happenings and event Highlight columns can also be found in this issue.
State of the Industry Program on December 8 taking time to review important issues and identify those that will require significant attention in the coming year is the main purpose of our annual condo lifestyles state of the industry program. legislative/legal, business and operational issues will again dominate our presentations, discussion and resources that are made available on december 8 at the chicago cultural center. A legal and case law update will be provided and weâ&#x20AC;&#x2122;ll discuss market values, property assessments & property tax appeals as well as effective communication and other topics. We also recognize members of our magazine advisory boards at this program. you can find more information on this event on page 32 and at www.condolifestyles.net or email: mdavids@condolifestyles.net special thanks to the companies, associations and groups that are Authorized distributors of condo lifestyles. those of you who are not current subscribers can find subscription information on our website at www.condolifestyles.net. Please enjoy the upcoming holiday season. 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 send us an e-mail (mdavids@condolifestyles.net) Y Michael C. Davids Editor and publisher
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seRVice diRectoRy
ACCOUNTANTS CANTEY ASSOCIATES, CPA’S (630) 681-9400 ANNUAL ACCOUNTING SERVICES:
Audits Reviews compilations Income Taxes Board of Directors Training Monthly Services: collection of Assessments Paying of Bills Monthly financial statements consulting for developer turnover and Major projects
ARCHITECTS/ENGINEERS
ATTORNEYS
FULL CIRCLE ARCHITECTS, LLC (847) 432-7114
KEOUGH & MOODY, P.C. (630) 369-2700
Daniel Baigelman, AIA dan@fullcirclearchitects.com capital improvements • Reserve studies engineering Reports
LAW OFFICES OF KEAY & COSTELLO (630) 690-6446
www.fullcirclearchitects.com
www.canteycpa.com
KELLERMEYER GODFRYT & HART, P.C. (847) 318-0033
MICHAEL J. COCHRANE, CPA (847) 301-0377 specializing in Accounting services for Homeowner Associations.
investigations and Repair documents for: exterior Walls, Windows, Roofs, and Parking Garages condition surveys and Reserve studies www.kghpc.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
SUPERIOR RESERVE ENGINEERING & CONSULTING (888) 688-4560 www.superiorreserve.com
CUKIERSKI & KOWAL, LLC
WALDMAN ENGINEERING CONSULTANTS (630) 922-3000
CERTIFIED PUBLIC ACCOUNTANTS
www.waldmaneng.com
(847) 496-7180
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
LEVENFELD PEARLSTEIN, LLC (312) 476-7556 Howard dakoff / hdakoff@lplegal.com www.lplegal.com
BALCONY REPAIR
A full-service accounting firm specializing in the unique needs of homeowners’ associations.
ATTORNEYS THE RESTORATION GROUP (630) 231-5700
www.ckwcpa.com
CHATT & PRINCE P.C. {630) 326-4930 ext 202
ARCHITECTS/ENGINEERS
24 HOURS
structural Repair services Balcony Repair/Replacement stair tower Repair/Replacement fire and Water Response/Restoration dwells@trgrestore.com www.trgrestore.com
"Matching legal solutions to Real World Problems" Contact: Bob Prince www.chattprince.com
BTL ARCHITECTS, INC. (312) 342-1858 Bringing Buildings Back to like Contact Delph Gustitius www.btlarchitects.com
legal Representation for community Associations www.kmlegal.com
DICKLER, KAHN, SLOWIKOWSKI & ZAVELL, LTD. (847) 593-5595
CODER TAYLOR ASSOCIATES (847) 382-4100 “We specialize in emergency Repairs” Architects • Research • engineering specifications • Reserve studies coder@codertaylor.com
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BANKING
www.dicklerlaw.com
ALLIANCE ASSOCIATION BANK (888) 734-4567
FULLETT ROSENLUND ANDERSON, P.C. (847) 259-5100
full service banking and lending solutions for management companies and associations. www.AllianceAssociationBank.com
www.frapc.com
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BANKING
BUILDING RESTORATIONS
DOORS
COMMUNITY ADVANTAGE, A WINTRUST COMPANY (847) 304-5940
HOLTON BROTHERS, INC.
WOODLAND WINDOWS & DOORS (630) 529-DOOR (3667)
loans, Reserve investments & lock Box services www.communityadvantage.com
ITASCA BANK & TRUST (630) 773-0350
Masonry Repair services, tuckpointing, caulking and concrete Restoration
(847) 253-3886 TEL / (847) 253-3255 FAX John@holtonbrothers.com www.holtonbrothers.com
“together We’ll shape the future” www.itascabank.com
LS CONTRACTING GROUP, INC. T (773) 279-1122 f (773) 279-1133
MUTUAL OF OMAHA BANK (866) 800-4656
contact: tom laird tlaird@lscontrtacting.com www.lscontracting.com
QUALITY RESTORATIONS (630) 595-0990
THE REAL SEAL, LLC (847) 756-7987 austinwerner@therealsealllc.com
BUILDING RESTORATIONS BRAL RESTORATION, LLC. (847) 839-1100
www.djrcleaning.com Email: mcorliss@djrcleaning.com
A total exterior facade Restoration company www.RiggioBoron.net
www.smartelevatorsco.com smartin@smartelevatorsco.com
tuckpointing, caulking, Masonry and concrete Restoration
Masonry and concrete Restoration www.bralrestoration.com
CONCRETE RAISING
SUBURBAN ELEVATOR CO. (847) 743-6200
CRC CONCRETE RAISING & REPAIR (847) 336-3400
simplifying Vertical transportation Contact: Max Molinaro www.suburbanelevator.com
We save concrete, you save Money! www.SaveConcrete.com
DAKOTA EVANS RESTORATION, INC. (847) 439-5367
ENERGY USE/BENCHMARKING
CARPET CLEANING
WESTSIDE MECHANICAL GROUP (630) 618-0608 / (630) 369-6690
DONE JUST RIGHT INC. (630) 893-0757
tuckpointing ~ Masonry Repairs Waterproofing ~ terra cotta Repairs caulking & sealants ~ structual Repairs cleaning ~ Balcony Restoration concrete Restoration www.dakotaevans.com
ELEVATORS/CONSULTANTS SMART ELEVATORS CO. (630) 544-6829
W. J. MCGUIRE COMPANY (847) 272-3330
www.ForumGroupInc.com
AIRWAYS SYSTEMS, INC. (630) 595-4242
DONE JUST RIGHT INC. (630) 893-0757
RIGGIO/BORON LTD. (847) 531-5700
FORUM GROUP, INC. (773) 732-3051
DUCT CLEANING
cleaning: Air/laundry/toilet exhaust ducts, coils, trash chutes, Parking Garages. Also Air filters, Belts www.airwayssytems.com
HoA Banking • internet cash Management HoA loans • online Payment services www.mutualofomahabank.com
BASEMENT WATERPROOFING
Window and Related Masonry interior & exterior doors | siding & Gutters www.woodlandwindows.com
serving the tri-state Area since 1970 Contact: Jackie Loftis * jloftis@wsmech.com www.wsmech.com
www.djrcleaning.com Email: mcorliss@djrcleaning.com
CREDIT BUREAU REPORTING GOLF CONSTRUCTION (219) 933-3420 www.golfconstruction.net
SPERLONGA DATA & ANALYTICS (952) 500-1068 j.starks@sperlongadata.com www.sperlongadata.com
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condo lifestyles
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For Display or Professional Services Directory Advertising Info, Call (630) 202-3006
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ENERGY EFFICIENCY
FIRE/FLOOD RESTORATION
DRF TRUSTED PROPERTY SOLUTIONS (630) 615-7000
J. C. RESTORATION, INC. (800) 956-8844
HEATING, LIGHTING & WATER EFFICIENCY ASSESSMENTS
• Boiler tune-up and maintenance • All-inclusive design-Build service • Maximum rebate capture • Guaranteed savings www.DRFtps.com/rcs
ENERGY SOLUTIONS
OCEANS ENERGY (312) 870-0580
fire Alarm / sprinkler systems fire Pumps / extinguishers fire Panel Monitoring installation / testing / Maintenance 24/7 Service: (630) 948-1200 www.simplexgrinnell.com
AMS MECHANICAL SYSTEMS, INC. (800) 794-5033
www.trgrestore.com
FIRE SAFETY & PROTECTION CONTECH MSI CO. (847) 483-3803
SP+ FACILITY MAINTENANCE (773) 847-6942
fire detection & signaling systems fire Alarm systems chicago life safety evaluation solutions security systems/cctV card Access systems www.contechco.com
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.
Contact: Daniel W.Nicholson dnicholson@spplus.com www.spplus.com/FacilityMaintenance
EMCOR SERVICES TEAM MECHANICAL fiRe PRotection diVision (847) 229-7600
FIRE/FLOOD RESTORATION
All types of environmental cleaning. www.BrouwerBrothers.com
HVAC
THE RESTORATION GROUP, LLC (630) 870-0658
FACILITY MAINTENANCE
BROUWER BROS. STEAMATIC (708) 396-1444
contact Karen corral kcorral@homewisedocs.com www.homewisedocs.com
SIMPLEX GRINNELL (630) 948-1235
info@oceanscc.com www.oceanscc.com
www.emcortmi.com
NORTHERN ILLINOIS FIRE SPRINKLER ADVISORY BOARD (NIFSAB) (866) 2NIFSAB (866-264-3722)
GENESIS CONSTRUCTION, INC. (847) 895-4422
All types of environmental cleaning. www.BrouwerBrothers.com
HOMEWISE DOCS (773) 936-3270
www.responseteam1.com
natural Gas & electric energy Reliable service. People you trust. Contact: Vickie Farina Vickie.Farina@centerpointenergy.com www.CenterPointEnergy.com/CES
BROUWER BROS. STEAMATIC (708) 396-1444
GOVERNING DOCUMENTS
RESPONSE TEAM1 (847) 891-2929
CENTERPOINT ENERGY SOLUTIONS (630) 795-2594
GARBAGE CHUTE CLEANING
24 Hour Service HVAc • industrial Refrigeration service/Maintenance • systems integration energy Management • electrical Process Piping • Plumbing www.amsmechanicalsystems.com
EDWARDS ENGINEERING, INC. (847) 364-8100 HVAc Refrigeration Boiler services sheet Metal Piping Building Automation energy Management
www.edwardsengineering.com
EMCOR SERVICES TEAM MECHANICAL (847) 229-7600 www.emcortmi.com
THE YMI GROUP, INC. (847) 258-4650 Mechanical - Plumbing Building Automation - service www.ymimechanical.com
For Display or Professional Services Directory Advertising Info, Call (630) 202-3006
708-403-4468 www.firesprinklerassoc.org
www.genesisconstruction.com
No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016©.
10.16
condo lifestyles
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condo lifestyles
HVAC
LANDSCAPE CONTRACTORS
MAILBOXES
WESTSIDE MECHANICAL GROUP (630) 618-0608 / (630) 369-6690
ACRES GROUP (888) 231-1300 / (847) 526-4554
MAILBOX WORKS (630) 355-9989/(773) 528-3111
serving the tri-state Area since 1970 Contact: Jackie Loftis * jloftis@wsmech.com www.wsmech.com
Professional landscaping and snow Removal www.acresgroup.com
since 1989
ALAN HORTICULTURAL ENTERPRISES, INC. (630) 739-0205
H V A C CLEANING BROUWER BROS. STEAMATIC (708) 396-1444 All types of environmental cleaning. www.BrouwerBrothers.com
large Variety of commercial and Residential Mailboxes intercoms and tele-entry Address signage & engraved nameplates installation services
www.MailboxWorks.com
NON PROFIT/EDUCATION
www.alanhorticultural.com
BALANCED ENVIRONMENTS, INC. (847) 395-7120 | (630) 916-8830
ABOMA (312) 902-2266 ABOMA1@aol.com www.aboma.com
www.BalancedEnvironmentsInc.com
INSURANCE ILT VIGNOCCHI (847) 487-5200
HOLLINGER SERVICES, INC. (847) 437-2184
actha@actha.org | www.actha.org
COMMUNITY ASSOCIATION INSTITUTE OF ILLINOIS (847) 301-7505
LANDSCAPE CONCEPTS MANAGEMENT, INC. (847) 223-3800
MESIROW FINANCIAL (312) 595-8135
INSURANCE
Association of Condominium, Townhouse and Homeowners Associations
www.iltvignocchi.com
Property casualty • employee Benefits Workers compensation www.HollingerInsurance.com
nancy Ayers www.condorisk.com
ACTHA (312) 987-1906
info@cai-illinois.org | www.cai-illinois.org
www.landscapeconcepts.com
PAINTERS SEBERT LANDSCAPING, INC. (630) 497-1000
AAA PAINTING CONTRACTORS, INC. (630) 231-8350
www.sebert.com
www.aaapaintco.com
OCEANS ADVISORS (312) 508-3032 info@oceansadvisors.com www.oceansadvisors.com
SEMMER LANDSCAPE (708) 926-2304
ABC DECO (773) 701-1143
gsemmer@semmerlandscape.com
info@abcdecoonline.com www.abcdecoonline.com
INTERNET TECHNOLOGY LAWN CARE XFINITY COMMUNITIES 1 (800) XFINITY
SPRING-GREEN LAWN CARE (800) 830-5914
for more information e-mail: xfinity_communities@cable.comcast.com www.comcast.com/xfinitycommunities
www.spring-green.com
JANITORIAL SERVICES
LOCKSMITH
DONE JUST RIGHT INC. (630) 893-0757 www.djrcleaning.com Email: mcorliss@djrcleaning.com 24
condo lifestyles
ABBOTT PAINTING, INC. (312) 636-8400 (773) 725-9800 Quality Painting & decorating since 1973 our Mission: Guaranteed committment to Quality now offering Parking lot Painting www.Abbottpainting.com
NONSTOP LOCKSMITH (312) 929-2230 locksmith services, intercom & Access control systems, cctV, overhead Garage doors www.nonstoplocksmith.com 10.16
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 2016©.
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PAINTERS
PEST CONTROL
CERTAPRO PAINTERS OF THE NORTH SHORE (847) 989-4791
ALL-OVER PEST SOLUTIONS (773) 697-1100
interior & exterior Painting Wallcoverings • decorating • Remodeling drywall Repair • decks & staining tile installation • Metal & iron Painting www.certacommercial.com rmuldoon@certapro.com
Bed Bug specialists. Results Guaranteed! www.all-overpest.com
www.smithereen.com
www.BaumProp.com
PLUMBING
CHICAGOLAND COMMUNITY MANAGEMENT (312) 729-1300
AMS MECHANICAL SYSTEMS, INC. (800) 794-5033
www.chicagoland-inc.com
24 Hour Service Plumbing • HVAc service/Maintenance • systems integration energy Management • electrical Process Piping •industrial Refrigeration www.amsmechanicalsystems.com chgo #Bc 16138 / il #055043442
LIFELINE PLUMBING (847) 468-0069
www.ppdpainting.com
Plumbing - Heating & Air conditioning Water Heaters - sewer cleaning & Repair Hot Water drain Jetting www.INEEDLIFELINE.com
PARKING GARAGE CLEANING SP+ (773) 847-6942
PROPERTY MANAGEMENT
dnicholson@spplus.com www.spplus.com/facilityMaintenance
PAVING
www.associachicagoland.com
BAUM PROPERTY MANAGEMENT, LTD. (630) 897-0500
www.hometownpainters.com
PRECISION PAINTING AND DECORATING CORP. (630) 688-9423
ASSOCIA CHICAGOLAND (312) 944-2611 / (847) 490-3833
SMITHEREEN PEST MANAGEMENT SERVICES (847) 647-0010 / (800) 336-3500
HOMETOWN PAINTERS, INC. (847) 870-1600
INSIDE OUT PAINTING ROOFING & CONSTRUCTION (630) 406-3000
PROPERTY MANAGEMENT
CHICAGO PROPERTY SERVICES, INC. (312) 455-0107 X102 www.chicagopropertyservices.com
MORE LIVING. LESS WORRYING. COMMUNITY SPECIALISTS (312) 337-8691 www.communityspecialists.net
DRAPER AND KRAMER INC. (312) 346-8600 Contact Margaret Shamberger
ACM COMMUNITY MANAGEMENT (630) 620-1133 Contact Tom Skweres
DUBOIS PAVING CO. (847) 634-6089 (800) 884-4728 www.duboispaving.com
SP+ (773) 847-6942 dnicholson@spplus.com www.spplus.com/facilityMaintenance
www.acmweb.com
www.draperandkramer.com
THE HABITAT COMPANY (312) 527-5400 Contact Diane White
ADVOCATE PROPERTY MANAGEMENT (630) 748-8310
www.habitat.com
FIRST COMMUNITY MANAGEMENT (312) 829-8900
www.advocatepm.com
ALMA PROPERTY MANAGEMENT (847) 517-4400
Guiding board members since 1988 www.condomanagement.com
www.almapropertymanagement.com
FIRSTSERVICE RESIDENTIAL (312) 335-1950 Contact Asa Sherwood
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 2016©.
10.16
www.fsresidential.com
condo lifestyles
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condo lifestyles
PROPERTY MANAGEMENT
PROPERTY MANAGEMENT
RESERVE STUDIES
G&D PROPERTY MANAGEMENT (630) 812-6400
TAIRRE MANAGEMENT SERVICES (847) 299-5740
SUPERIOR RESERVE ENGINEERING & CONSULTING (888) 688-4560
www.gd-pm.com
tsutton@tairremgmt.com
www.superiorreserve.com
HILLCREST MANAGEMENT (630) 627-3303 / (312) 379-0692
SUDLER PROPERTY MANAGEMENT (312) 751-0900
ROOFING
www.hillcrestmgmt.com
ACTIVE ROOFING CO., INC. (773) 238-0338/(708) 430-8080
www.sudlerchicago.com
established 1965 Maintenance & Repairs Roofing/sheet Metal/tuckpointing www.activeroofing.com
WERK MANAGEMENT (630) 241-0001
KANE PROPERTY MANAGEMENT CORP. (773) 472-2300
for All your Property needs www.werkmanagement.com
Professional Property Management. Affordable Rate. Contact: Dennis R. Kane; DKane@KanePM.com
REAL ESTATE TAX ATTORNEY
LIEBERMAN MANAGEMENT SERVICES (847) 459-0000
ADAMS ROOFING PROFESSIONALS INC. (847) 364-7663
ELLIOTT & ASSOCIATES (847) 298-8300
Roofing / siding / Gutters / insulation www.adamsroofing.com
www.liebermanmanagement.com
www.elliottlaw.com
KaneManagement.com
ALL AMERICAN EXTERIOR SOLUTIONS (847) 438-4131
MCGILL MANAGEMENT, INC. (847) 259-1331
KSN TAX (847) 537-0500
www.mcgillmanagement.com
www.KSNLaw.com
NIMROD REALTY GROUP, INC. (847) 724-7850
MCCRACKEN MCCRACKEN BEHRENS (312) 263-4308
www.nimrodrealty.com
concentrating in Property tax Appeals since 1976
Roofing, siding & Windows www.aaexs.com
www.mmbtaxlaw.com
AMERICAN BUILDING CONTRACTORS, INC. (847) 670-1887
ROLLING MEADOWS OFFICE
WORSEK & VIHON LLP (312) 368-0091
Roofing • siding • Windows • Gutters Maintenance • capital Budget Projects A+ BBB Rating www.abc-usa.com
(630) 633-5450
www.wvproptax.com
PROPERTY SPECIALISTS INC. (847) 806-6121 WOODRIDGE OFFICE
www.psimanagement.net
B.T. LAKESIDE ROOFING (630) 628-0093
RESERVE STUDIES REALTY & MORTGAGE CO.
www.lakeroof.com
COMMUNITY ASSOCIATION MANAGEMENT
RESERVE ADVISORS, INC.
773-989-8000
our Reserve studies now include foresite™
1509 W Berwyn chicago il 60640 Contact: Hugh Rider www.RealtyMortgageCo.com
26
condo lifestyles
(312) 625-4958 custom, comprehensive studies conducted by Professional engineers www.reserveadvisors.com long-term thinking. everyday commitment.
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CSR ROOFING CONTRACTORS (708) 848-9119 All types of Roofing installation, Repairs & Maintenance www.csr-roofing.com
No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016©.
seRVice diRectoRy
ROOFING
SECURITY SERVICES
SIDING / RENOVATIONS
D-WING CONSTRUCTION (630) 397-8889
U S SECURITY SERVICES (877) 340-1835
your Home, our Reputation A+ BBB Rating www.DWingConstruction.com
safe - secure - friendly ssiegel@ussecurityassociates.com www.ussecurityassociates.com
WOODLAND WINDOWS & DOORS (630) 529-DOOR (3667)
MI CONSTRUCTION AND ROOFING (630) 241-0001
SNOW REMOVAL
www.mancioneinc.com
PROHTOP ROOFING (847) 559-9119
Window and Related Masonry interior & exterior doors | siding & Gutters www.woodlandwindows.com
SP+ (773) 847-6942
TV-BULK CABLE & SATELLITE
dnicholson@spplus.com www.spplus.com/facilityMaintenance
ACCESS MEDIA3 630-230-0555 www.accessmedia3.com
THE WINTER WERKS (630) 241-0001
We’re Here When you need Us! www.protoproofing.com
RCN (312) 955-2322
www.mancioneinc.com
M&T EXTERIORS INC. (331) 248-0447 Roofing siding Windows and service. www.mt-exteriors.com
TRICON SNOW CONTROL, INC. (847) 410-2846
rcnchicagoapts@rcn.net www.rcn.com
www.triconsnow.com
XFINITY COMMUNITIES 1 (800) XFINITY
S&D ROOFING SERVICE (630) 279-6600
SWIMMING POOLS
for more information e-mail: xfinity_communities@cable.comcast.com www.comcast.com/xfinitycommunities
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
SPMS (630) 692-1500
SITE MAINTENANCE, INC. (847) 697-1077
Heaters Pumps • Repairs • chemicals Pool Maintenance • complete Water Analysis Pool Guards, inc. ross@spmspools.com
WASTE SERVICES LAKESHORE RECYCLING SYSTEMS (773) 685-8811
TREE CARE
www.LakeshoreRecyclingSystems.com
ACRES GROUP (888) 231-1300 / (847) 526-4554
WINDOWS/REPLACEMENTS
certified Arborists & certified tree care safety Professionals www.acresgroup.com
D-WING CONSTRUCTION (630) 397-8889
www.sitemaintinc.com
SECURITY SERVICES ADMIRAL SECURITY DOOR STAFF SOLUTIONS (847) 588-0888 www.admiralsecuritychicago.com
SIDING / RENOVATIONS
your Home, our Reputation A+ BBB Rating www.DWingConstruction.com
B.T. LAKESIDE ROOFING (630) 628-0093
WOODLAND WINDOWS & DOORS (630) 529-DOOR (3667)
www.lakeroof.com
PREMIER SECURITY (773) 867-8813 www.premiersecuritycorp.com
D-WING CONSTRUCTION (630) 397-8889
Window and Related Masonry interior & exterior doors | siding & Gutters www.woodlandwindows.com
your Home, our Reputation A+ BBB Rating www.DWingConstruction.com No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016©.
10.16
condo lifestyles
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condo lifestyles
by James A. Fizzell
the Weather and Your landscape it is interesting to look back at the weather predictions after the events have occurred. Are they accurate? Who seems to have the best record of accuracy, and with whom can we have enough confidence to rely on?
L
ast spring, our friend Greg Soulje*, Agricultural meteorologist and Weather Guru, suggested a moderating trend as the el nino continued to weaken, but slowly. Some weather prognosticators were saying the northern jet stream would quickly migrate north of the canadian border, and the southern jet to dominate. “maybe, but not so quickly,” said Soulje. the remainder of spring, he thought, would be about normal temperature-wise, cooler in early may with lake effect breezes keeping the shoreline communities cold. He
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emphasized that it would be wet. the summer looked to be unspectacular with temperatures about normal or a little above, and drier as the season progressed, with no lingering heat waves and the weather mostly favorable for outdoor activities. moisture would generally be adequate with pop-up variety rains, always the chance of some being locally severe. Soulje also expected the la nina to develop in September and october, with late summer and fall trending warmer and maybe drier, good for maturing crops, and good for
10.16
fall work, but no drought. He was predicting an early frost. All in all, Soulje thought the season would feature no extremes either temperature-wise, or moisture-wise. conversely, the uS Weather Service saw the upcoming spring and summer to be hot and dry, predicting a rapid change from the el nino conditions to a la nina. the old Farmer’s Almanac said summer would be hotter and slightly drier than normal, with the hottest periods in mid- and late-June and mid- and late-August. September and october would be drier and much warmer than normal according to the Almanac.
Recapping Actual Recent Weather Actually spring was cool and quite wet.
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tHe lAndscAPe BUyeR
We received a whopping 17 inches of rain in the three meteorological spring months. early wet weather did interfere with some springtime cleanup work, and the cool temperatures delayed plant development. Summer arrived with some warmth and continued wet with nearly four inches of rain in June and measurable rain on fifteen of the thirty days of that month. mid-July rains were skimpy in some areas while others received benefit of pop-up storms. Scattered, heavy storms in late July pushed the monthly total to nearly 6 inches in our rain gauges, well above normal. not all places were that wet. things got a little dry in late July and early August, but during the meteorological summer months, June, July and August, rainfall totaled in excess of 16 inches. repeating the June record, thunder storms occurred on fifteen of the thirty-one days in August. Although there were a couple of periods when irrigation was called for, It definitely was not a dry summer. unfortunately, we did see many instances of irrigation running all summer, and often in the rain. not good for
the budget or the plants! temperatures were moderate throughout the summer, hitting 90 or better on about a dozen and a half or so days. there were no prolonged heat waves, three days being the longest period of 90's on our thermometers, with a few hot days in early June, in mid-July, and a couple again in early August and September. temperatures did average a bit above normal, not just because of daily highs which did hover in the mid to upper 80's, but due to unusually warm, cloudy nights. cloud cover prevents radiation cooling.
Humidity Caused Discomfort much of any discomfort all summer was due to elevated humidity. While not particularly hot, but with an unusually high temperature-humidity index averaging maybe 10 to 15 degrees above normal, it definitely was uncomfortable. Air conditioners ran due to the sticky conditions, and many people equated that with it being unusually hot. most landscape professionals were reporting an excellent season with few problems, and plantings doing as well as they have in
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10.16
many years. Incidentally, farmers were extolling the condition of the crops entering the final weeks to the beginning of harvest time. All-in-all, the summer was about normal. We had no real heat waves, and with a couple of exceptions, adequate to excessive precipitation. It mostly was a “ho-hum” summer just as predicted by our friend Greg Soulje*. According to Soulje that is about to change.
Upcoming Weather May Have Extremes We discussed the upcoming fall and winter seasons with Soulje. While moisture has been quite variable this summer, he says, after the somewhat drier scenario in midAugust it will trend back to normal (seasonal) into September. the beginning of meteorological Fall was relatively dry to start. then with a rapidly developing la nina, a shift to a more active and moisture-laden weather pattern commenced over the second-half of September, and is expected to remain through the better part of autumn. Soulje has expectations of frequent wet
condo lifestyles
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condo lifestyles
spells, late season storminess with above average precipitation amounts, and perhaps quite limited dry-time windows for outdoor activities. early-season snow(s) as well as a frost and freeze should be planned for. It could be a character-builder fall, warns Soulje. As for temperatures, any return of summer-like warmth looks to be short-lived. A trend back to normal precedes periods of recurring, early-season cool air surges which ensue as early as late-September, and likely lead to an early conclusion to the growing
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season. temperatures through the remainder of fall can be best summed-up as “all over the place” but coupled with a trend toward colderthan-average.
Old Fashioned Winter Weather Expected the Winter season should have all the trademarks of an “old-fashioned” one, and the change will be quick, says Soulje. Driven by the la nina surging to moderate strength by the new year, and the Polar vortex migrating
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to the James bay area, Winter, Soulje thinks, will be early, and often severe through January… cold and snowy. After a mid-Winter thaw, February temperatures may be more nearly normal to a little above. February precipitation will be heavy, wet snow, or possibly rain if temperatures are elevated. expect 38 to 40 inches of snow for the season, possibly 50 inches or more depending on whether it falls as snow or rain. the uS Weather Service, which up to now had been predicting a warm, dry winter, has changed its forecast to temperatures normal or below, and heavier than normal precipitation. the key word for Winter will be volatility. expect it, and plan accordingly. even if things do not turn out as expected, preparation is good insurance. Should the weather deteriorate quickly as predicted, it would be prudent to finish any fall work as soon as possible. Some lawns did not fare as well as might be expected. the short, hot, dry spell in midsummer resulted in the grass temporarily going dormant. crabgrass was able to take advantage of this, and many lawns were readily invaded by this weed. other lawn weeds invaded as well, spotted spurge, knotweed, and chickweed. All of these are annuals, and can be eliminated with preemerge next spring. Sod webworms were unusually prevalent in some areas and were flying the last week of August. After mid-September, the newly hatched over wintering population can be reduced with Dylox. that also will eliminate any grubs. Standing water caused some damage to lawns in neighborhoods where flooding took place during storms. these areas need to be reseeded or sodded as soon as possible. make repairs to low areas where water stands. Snow mold develops where freezingcold water accumulates, and always is severe during spells of freezing and thawing. Where turf has suffered in the past from snow mold, treat with fungicides before the season begins and again when winter weather allows. Apply fall fertilizers with high potassium to increase the hardiness of the grass for the upcoming fall and winter. continue to mow as long as grass is still growing. While there still could be periods of nice weather, it is not too soon for fall clean-ups
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tHe lAndscAPe BUyeR
before things deteriorate. And, fall is planting time. Get new plantings in place as soon as possible. If fall turns out to be abbreviated, there may not be time to get everything done. Get the spent annuals pulled out and the fall mums, kale, pansies, etc. in place. Plant the spring flowering bulbs as soon as possible to allow rooting before freeze-up.
Safeguard Plants Assuming that the winter will be tough, make preparations to safeguard plantings. Protect plantings exposed to salt spray, winter sun, and winter winds. Wrap upright evergreens with burlap. Install burlap screens tacked to wooden stakes on the south and west sides of lower-growing evergreens especially broadleaf evergreens exposed to the winter elements. Wet snow will pull down evergreens and other weak trees and shrubs. bundle these in burlap and tie them so they can shrug off the snow. Heavy snow means heavy salting. It is a lot easier to protecting plantings and turfgrass from salt than trying to repair the damage next
spring. While they do not look the best, silt screens set up along walks and drives to prevent salt spray are worth the time and trouble. Delineate walks and drives with markers so snow plow operators will know where the pavement ends and the turfgrass begins. Deep snow covers up forage, and animals will attack ornamental plants to survive. Protect thin-barked trees with rabbit guards. Surround shrub borders with chicken wire fences. Deer feeding is very difficult to prevent. Deer can eliminate a yew planting almost over-night. cages of hardware cloth over re-bar will prevent this loss. the cages are expensive, but can be used year after year. High-value plantings are worth protecting. mice will build extensive tunnel systems under the snow where they are fully protected from predators and the elements. these pathways often show up in turf areas when the snow melts in spring. before it snows, have maintenance personnel pull back mulch and groundcover plantings around the bases of trees so they are not attractive hiding places for mice. this will prevent them from taking up residence around the plants they intend to
feed off all winter. later, walk down the snow around these plants so any mouse tunnels are flattened. If mouse pressure is heavy, consider Gladiator in bait boxes so other animals can’t get into it.
Plan for Holiday Decorations & Snow Removal It is also wise to install holiday decorations before it gets too late. the job is much easier and much faster if the weather is still mild. Decorations don’t need to be turned on until thanksgiving. before the snow season begins, meet with your snow contractor to decide where the snow from parking lots and drives will be piled. It is important that you and the snow plow operators are aware beforehand where to put the snow. If not planned in advance, at 4:00 o’clock one cold and snowy morning, the plow operator will shove it wherever there is room. With preparations completed, we are really at the mercy of whatever nature does throw at us. All we can do is assume the time and effort we put in will keep the plantings in the best shape possible. Y
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2 0 1 6 S TAT E O F T H E I N D U S T R Y S E M I N A R
Advanced Registration is Required.
condo lifestyles
11:00AM - 3:00PM | December 8, 2016 | Chicago Cultural Center | Call 630-202-3006 for more information
CondoLifestyles
Table Discussion Topics & Information Tables include:
®
» Chicago Police Department / William Townsell » Chicago Fire Department » Bulk TV, Internet Technology & Community Associations Chris Smith - XFINITY Communities » Fire Detection & Signaling Rocco Bartucci - Contech MSI Co. » Fire & Flood Restoration Mandy Manalli - Belfor Property Restoration » Fire Protection & Life Safety Charles Fetherling - Simplex-Grinnell » Exterior Building Restoration & Maintenance Jarrell Johnson - Kellermeyer Godfrydt Hart, PC » Funding Trends for Capital Improvements Rachel Rowley - Alliance Association Banking » FAQ’s of Bulk Energy Purchasing Vickie Farina - Centerpoint Energy » Ideas & Trends in Waste & Recycling Jack Nugent - Flood Bros. Disposal » Internet Wiring & Systems Jeff DeRose - Zoom Connects » Managing Mechanical Systems & Replacing Risers Ken Boubel - EMCOR Services Team Mechanical » Windows & Door Replacement Phil Mariotti -Woodland Windows & Doors » Fire & Water Restoration, Mold Remediation Rick Brouwer - Brouwer Brothers Services » Energy Use Analysis & Audits/Benchmarking Compliance » Urban Landscape Ideas » Legal Q & A
~ S C H E D U L E / A G E N D A ~
» 11:00 am – Registration & Visit Information Tables » 11:30 am – Luncheon, Announcements & Legal Updates • Introduce 2017 MCD Media Advisory Board Members • Community Association Legal & Case Study Update (AirBnB, Board Communication, Ombudsman Act, Budgets & More) F E AT UR E D S PE AK E R :
Gabriella Comstock - Keough & Moody, P.C.
» 1:15 pm – Hot Topics, Trends & Challenges: • CHICAGO ORDINANCE UPDATES - Life Safety/Fire Protection (Inspections, Generators, Fire Safety Captains, Sprinklers and various code issues)
- Short-Term Rentals - Energy Benchmarking
Hand-Outs & Resources will be provided on the following topics: Renters, Pets & Parking, Board Training, Security, Waste Management, Green Building Technologies, Budgeting & Financial Management, Reserve & Transition Studies, and Managing Capital Improvements Additional topics may be added.
• Market Update: Property Values & Assessments • Property Tax Appeals • RFP's & Contracts • FHA Requirements Relaxed
2016 State-of-the-Industry Committee
• Managing Business Relationships • Service Animals • Technology & Communication Panel Discussion Participants: M O DE R ATO R : Natalie Drapac - Community Specialists Michael Bonick - Kellermeyer Godfrydt Hart, PC Margaret Shamberger - DRAPER AND KRAMER, INC. Howard S. Dakoff - Levenfeld Pearlstein LLC
Tony Briskovic - Chicagoland Community Management Michael Donnell - FirstService Residential Tairre Dever-Sutton - Tairre Management Gail Filkowski - First Community Management John Hancko - The Habitat Company Marla Jackson - DRAPER AND KRAMER, INC. Mydraine Janvier - ALMA Property Management Natalie Drapac - Community Specialists William Townsell - Chicago Police Dept. Tom Skweres - ACM Community Management
» Developers
» Realtors & Realty Professionals » Colleagues & Contractors
» Government Officials & Employees
Timing -Structure This event is intended to be structured to accommodate various levels of expertise as well as different types of interests in community associations. It is also intended to be flexible to meet time and schedule concerns. We are pleased to accommodate you in this regard. Contact our office to make customized arrangements. Why Should You Attend? » To gain valuable, practical insight on how to deal with special issues of Community Associations » Identify resources needed to help your association(s) solve current challenges that your association(s) is facing » Meet and greet Condo Lifestyles Advisory Board members and other industry experts » To better understand government regulations regarding community associations » To contribute and share your ideas and input in an effort to improve standards in the field of community associations What Should you bring? Your questions. We will provide you with a bag full of paper, pens, and several other items you can use at the program, home or office.
Chicagoland
Buildings & Environments CondoLifestyles
We welcome you to join us!
Larry Puder - Community Specialists Milena Radjenovich Chicagoland Community Management
Please complete the form and return to our office. If you will attend the seminar, return the registration information with your payment. Seminar (per person) Cost is $125.00 for professional property manager, $175 for colleague or vendor, $150 per additional person from same firm (includes handouts and other resources to be provided). Qualified Community Association Volunteers are $40.00 per person.
Michael Elliott Elliott & Associates Tax Attorneys Ottis Ballenger - CertaPro of Evanston The Chicago Cultural Center is located at 78 East Washington. An MCD registration table will be located outside the Washington & Garland rooms on the fifth floor. Use elevators in South lobby.
Luncheon Seating is limited to the first 140 registrants.
Who Should Attend? » Community Association Board & Committee Members » Property Managers
MCD Media, 935 Curtiss, Suite 5, Downers Grove, IL 60515, Phone: 630-202-3006 or Fax: 630.932.5553 email: mdavids@condolifestyles.net
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No. of CA units you are involved with as a:
No. of CA properties you are involved with as a:
DEVELOPER; __________
DEVELOPER; __________
MANAGER; ____________
MANAGER; ____________
REALTOR; ____________ COLLEAGUE/ CONTRACTOR; ________
REALTOR; ____________ COLLEAGUE/ CONTRACTOR; ________
DIRECTOR ____________
DIRECTOR ____________
UNIT OWNER __________
UNIT OWNER __________
NAME(S) List additional names on back or seperate sheet
NUMBER OF PROFESSIONAL GUESTS @________________________ = $ __________________
ASSOCIATION/COMPANY
ADDRESS
NUMBER OF VOLUNTEER GUESTS @________________________ = $ __________________
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c ToAnL d lifestyle TO = $o__________________
s
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PHONE
FAX
No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016©.
EXPIRATION DATE
eVent HiGHliGHts
August 25, 2016 at Arlington International Racecourse
MCD Showcases the Races
Y Pictured here is a group of guests just before the Xfinity Communities race.
Y Shown here is a group of guests at the Million Room Platform.
Y Pictured here is a group from Westside Mechanical Group at their Winner's Circle presentation.
Y Shown here is a group of guests with Suburban Elevator on a tour of the paddock area.
No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016Š.
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condo lifestyles
by Howard S. Dakoff, Esq. and Nicholas P. Bartzen, Esq. Levenfeld Pearlstein, LLC.
City of Chicago Council Adopts Airbnb and New law protects Condominium and Homeowners Associations and creates the “Prohibited Building List”
O
n June 22, 2016, the city of chicago adopted an ordinance that establishes regulations and bolsters protections for condominium and homeowners associations affected by the recent surge in home-sharing and vacation rentals via platforms such as www.airbnb.com and www.VRBo.com. the ordinance requires companies such as VRBo and Airbnb to be licensed as a short-term rental intermediary or advertising platform. it also requires individuals who wish to list their townhome or condominium unit as a temporary or transient rental to register the unit with the city (any individual owning and operating more than two units as short-term rentals will be required to
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be limited to one-quarter of the total number of dwelling units, or six rental units (whichever is less) that may be rented at any given time.
not only register, but also obtain an operator’s license). this will better allow the city to track units made available for lodging, respond to complaints and penalize those who break the rules. the ordinance sets a great number of protections to address the quality of life issues in community associations where transient rental is popular. these protections include: designating a set number of allowable units within a building which may be rented, requiring all those who wish to rent their units to register with the city, and requiring those who reside in community associations, when registering, to sign an attestation that the association has no prohibitions in its by-laws on vacation or transient rentals. Buildings with more than five units will
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Prohibited Building List Most importantly, the city will maintain a “Prohibited Building list” (the “list”) that, at the discretion of the association’s board of directors (“Board”), will allow for a blanket prohibition on short-term rental activity within that particular building. the list may include apartment buildings containing five (5) or more dwelling units, along with co-ops, condominium buildings or any building governed by a homeowner's association regardless of the number of dwelling units in those buildings, which prohibit any short-term rental activity (i.e., rental or occupancy of a dwelling unit for 32 or fewer consecutive days). the department of Business Affairs and consumer Protections
No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016©.
l e G A l U P d At e
VRBO Regulations ("department") is in charge of overseeing the list and taking appropriate enforcement action to ensure that dwelling units in the building on the list are not rented through intermediary platforms like Airbnb. in order to have a property included on the list, an authorized agent of the association (which could include a managing agent or the association's attorney) must submit a notarized affidavit to the department certifying the association has a valid ban on short-term rental activity in the governing documents. A copy of the affidavit can be found on the Business Affairs and consumer Protection website at www.cityofchicago.org/bacp.
Two items the Board must consider before taking action to include a property on the List: 1. The Board must be authorized to put the association on the List. A simple rule within the association's rules and regulations banning short-term rental is insufficient for the board to include the building on the list.
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A Board must be authorized by the association's declaration or by-laws to include the association on the list. the authorization would come in the form of a ban on short-term vacation rentals within the declaration or by-laws. A recent case from the illinois Appellate court (stobe v. 842-848 West Bradley Place condominium Association) held that a condominium board may not simply adopt a rule restricting unit leasing if the declaration recognizes the unit owner's right to lease. Accordingly, should the board wish to include the
association on the list and no such prohibition on short-term rental is contained in the declaration or by-laws, then the board must consider amending its declaration to prohibit such rental activity.
2. Owners and Lessors must disclose that the association appears on the List.
the fact to the buyer or potential tenant that the association is on the list. the seller or lessor must receive a written receipt of acknowledgement from the buyer or tenant that such information has been disclosed.
Enforcement
once the association is included on the list, any unit owner selling or legitimately leasing his/her unit (i.e. long-term leases) must disclose
the city will enforce the ordinance by seeing to it that buildings that appear on the list are immediately removed from any rental or homesharing intermediary or online platform. the city will also take action against individuals renting units without a license or in buildings that appear on the list. complaints will be made via the city’s 311 non-emergency line or the city of chicago website (i.e. filing a complaint against an individual for operating a business without a license or operating an illegal business). Platforms such as Airbnb and VRBo will be required to consult said lists and remove any listings in order to maintain their right to operate in chicago. those selling or legitimately leasing their units (for non-transient purposes) within buildings that appear on the “Prohibited Building list” must disclose that information to (and receive a written receipt of acknowledgment from) the buyer or tenant. finally, the city of chicago has mandated that sites such as Airbnb establish a 24-hour hotline that can be reached by dialing the city’s 311 non-emergency line to report any violations or quality of life issues that may be related to transient or vacation rental.
Conclusion With the passage of this ordinance, chicago becomes the first city in the United states to establish a requirement for uniformed operations between vacation rental platforms and for the removal of listings from a company’s platform for violation of a city’s ordinance. if your community association’s governing documents contain prohibitions on short term and/or transient rentals, the Board may consider registering as a Prohibited Building. you should consult an attorney to assist your association in determining whether inclusion on the list is permitted by its governing documents, preparing amendments to the governing document to permit inclusion on the list, and to assist your board in ensuring that the affidavit is completed correctly. Y
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No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016©.
BoARd BAsics
by Kelly C. Elmore - Kovitz Shifrin Nesbit
Election 2016:
Preparing for Your condominium Association election As Americans gear up for what will certainly be one of the most anticipated and eventful election seasons in recent history, many condominium associations are also gearing up for their own election season.
W
hile perhaps not as exciting as the trump v. Hillary contest is sure to be, many condominium associations may experience their own heated election battles. As emotions, opinions and accusations fly, it is important for each condominium association to ensure its board and owners follow the governing documents, while being mindful of the following provisions of the Illinois condominium Property Act (“Act”) in preparing for the annual meeting.
The Annual Meeting the election of the members of the board of Directors occurs each year at the Annual meeting. the association is not permitted to “skip” the election, as Section 18(b)(3) of the Act requires the association to conduct an election each year. Depending on the terms of your association’s Declaration, the Annual meeting may occur on a specific day each year, or may be scheduled at the discretion of the board.
Who is Permitted to Vote in the Election? With few exceptions, only unit owners, who are members of the association, may vote in the Association’s election. An issue may arise from time to time when a spouse of a unit owner seeks to vote in the Association’s election. However, unless the spouse possesses ownership in the unit, a spouse is not permitted to vote.
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one permitted exception to the general rule is that individuals who are “installment contract purchasers” may vote in board elections. An installment contract purchaser is one who has a contract in which a seller agrees to sell a unit, and the consideration for the sale is payable in installments for a period of at least one year after the buyer takes possession of the unit. In this type of transaction, the seller continues to have an interest in the property. In such a case, the installment contract purchaser has the right to vote in the board election unless the seller expressly retains such right in writing. An additional exception exists where a unit is held in a trust or corporation. the trustee or corporate entity may designate a person to cast a vote on behalf of a trust or corporation and a beneficiary of the trust is also entitled vote.
Who Can Run for and Be Elected to the Board? Section 18 (a)(1) of the Act provides that members of the board shall be elected “at large.” As a result, when read in conjunction
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with other provisions of the Act, only unit owners may run for and be elected to the board of managers. As with voting rights, the right to run for the board also extends to an installment contract purchaser (as long as the right was not retained by the seller of the unit), the agent or beneficiary of a trust, and the authorized agent of a corporation holding title to a unit. It is important to note that in some associations, the governing documents contain restrictions on the rights of owners to run for the board or vote in the election. these may include a residency requirement, where an owner is required to reside at the property in order to run for the board; or good standing requirement, where an owner is required to be current on the payment of assessments in order to run for or be elected to the board. If there is a question as to whether these requirements are enforceable, the association should consult with its attorney. We recommend that all associations properly vet or review the eligibility of candidates prior to the annual meeting, to rule out
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any concern that a candidate may be ineligible. this may be done through the association’s attorney.
The Voting Process Generally, owners may vote by submitting a proxy form, or by submitting a ballot in person at the meeting (unless the Association has adopted rules allowing for mail in ballots). the manner in which the proxy or ballot is sent to and received by the association may vary; however, special attention should be paid to ensure the association follows its governing documents in the process.
Ballots & Proxies unless the Association has adopted a rule to the contrary, many condominium associations permit owners to vote by proxy. A proxy form may be used when an owner cannot attend the annual meeting to cast a ballot, or simply wishes to submit his or her vote prior to the meeting. the proxy form allows the owner to designate an individual (the “proxy holder”) to cast his/her ballot at the annual meeting, but is not, itself, a “ballot.”
No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016©.
BoARd BAsics
Section 18 (a)(18) of the Act provides that if a proxy is distributed by the board, the form must provide the unit owner with the opportunity to designate any person as the proxy holder and must give the owner the opportunity to express a preference for any of the known candidates for the board or to write in a name. this applies only to proxies distributed by the board, but does not apply to a proxy distributed by a unit owner. For those owners who wish to attend the annual meeting in person and vote, the owner may vote by ballot. the ballot form itself should list the names of all known candidates, and also provide spaces for write in candidates, who may be identified at the annual meeting. In some associations, the process of “secret balloting” is also used, per Section 18(b)(10) of the Act. In such elections, the voting ballot is marked only with the percentage of ownership interest for the unit and the vote itself. Such a process permits the association to keep the identity of voting owners confidential.
Voting by Acceptable Technological Means many condominium associations are now taking advantage of recent amendments to the Act which allow an association to adopt rules that remove proxy voting and/or permit voting via acceptable technological means in a board election. In such cases, the association must have adopted such rules at least 120 days before the election. Generally, if such rules have been adopted, then the owners may vote as follows; 1) owners may submit a ballot in person at the election meeting, or submit a ballot by mail or other means of delivery specified in the declaration, bylaws, or rule; or 2) owners may submit a ballot in person at the election meeting, or submit a ballot by “any acceptable technological means.” note that any unit owner who submits a ballot by mail or other means of delivery specified in the declaration, bylaws, or rule, or an owner who submits a ballot via electronic or acceptable technological means, may always opt to cast a ballot, in person, at the
No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2016©.
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election meeting before the close of voting. In such a case, the owner thereby voids any vote that was previously submitted.
Declaration of Candidacy In cases where the board has adopted rules which remove proxy voting under Section 18(a)(b)(9)(b), but allow voting by the submission of an association-issued ballot in person at the meeting or via mail or other means of delivery, the board must give unit owners not less than 21 days' prior written notice of the deadline for inclusion of a candidate's name on the Association-issued ballot. the deadline for inclusion of a candidate's name on the ballots must be no more than 7 days before the ballots are mailed or otherwise distributed to unit owners. the Act further requires that every ballot issued by the Association must include the names of all candidates who have given the board or its authorized agent timely written notice of their candidacy. In addition, every ballot must give the person casting the ballot the opportunity to cast votes for write in candidates. In cases where a board has adopted rules
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allowing for voting by acceptable technological means, the board must give unit owners not less than 21 days' prior written notice of the deadline for inclusion of a candidate's name on the Association-issued ballot. Section 18(a)(b)(9)(b-5) states that the deadline for inclusion of a candidateâ&#x20AC;&#x2122;s name shall be no more than 7 days before the instructions for voting using electronic or acceptable technological means are distributed to unit owners. the Act further requires that every instruction notice must include the names of all candi-
dates who have given the board or its authorized agent timely written notice of their candidacy. In addition, every instruction notice must give the person voting through electronic or acceptable technological means the opportunity to cast votes for written in candidates.
sonable efforts to identify all candidates are made and all candidates are given an opportunity to include biographical and background information in the information to be disseminated; and (ii) the board does not express a preference in favor of any candidate.
Distribution of Candidate Information
The Ballot Counting Process
Section 18(a)(17) of the Act provides that the board may distribute to unit owners biographical and background information about candidates for election to the board if (i) rea-
Some associations hire an accountant or auditor to collect and oversee the counting of the ballots and proxies, or allow the managing agent to conduct this process. In smaller associations, the board may administer the election process, and/or request that unit owners volunteer to assist in the process. regardless of who oversees the ballot counting process, any candidate for election to the board or such candidate's representative shall have the right to be present at the counting of ballots at such election.
Election Issues While many associations experience few to no issues with the election process, some associations experience fiercely contested elections. Such issues may relate to the content in the information an owner seeks to distribute for the board election, as well as the manner in which owners attempt to distribute their own election propaganda. As issues arise, the board should review the governing documents, including any rules governing elections and solicitation in the association, to determine whether the ownerâ&#x20AC;&#x2122;s conduct is in compliance with the governing documents. other issues may arise when the board itself fails to properly follow its own rules and governing documents during the election process. examples of these mistakes include: failing to issue proper notice of an annual meeting; failing to solicit candidates within the proper time period; failing to issue the proxies and ballots within the proper time period; failing to issue proper instruction notices if permitting voting via electronic means; and failing to obtain quorum at the election meeting. As your association prepares for election season, it is extremely important to ensure that you follow the proper procedures, as set forth in the Act and the governing documents, as the effect may be as small as the disqualification of a candidate, or invalidation of the entire election in extreme cases. Y
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