Q. Our 4 unit condo underwent roof/parapet work. An owner alleged that his car was damaged by the work, though he was encouraged to move his vehicle and chose not to do so.  He claimed to have attempted to call the roofer to make restitution, to no avail.  The owner, who happens to be the treasurer of the association, proceeded to write himself a check to cover the cost of automobile repair.

He did this on his own volition and without prior approval from the board or association.  Is this legal?

A. This question touches on a very difficult and frequently pondered question for many condominium association boards.  Specifically, the question here asks whether or not a treasurer of a condominium association may write a check to themselves for perceived damage to their personal property caused by an agent or contractor of the condominium association who is undertaking repairs.  It is important to note that this is not specific legal advice for any specific condominium association, but a general discussion of the potential legal issues that may be present here. 

First, as a general proposition under Illinois law, directors of not-for-profit corporation and condominium associations cannot

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"Ask the Expert"

Can a condo owner sue board members for building maintenance negligence?

Q: One of our owners is threatening to sue the board for negligence because the common areas need maintenance that hasn't been done. We are doing our best as volunteer board members but because owners don't want to increase assessments and we have a lot of delinquencies, we just don't have the money to do everything we want to do. Can the owner sue the board members?

Can power of attorney allow someone to serve on a condo board in place of an owner?

Q: One of our owners would like her husband to serve on the board, but he is not on the deed.  If she gives him power of attorney, can he serve on the board of our association?