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 rent to own condo tenant serve as a board member?

Q. An owner in our building has a tenant who has a contract to purchase the unit on a "rent to own" basis. Since the tenant is not yet legally an owner, can she be responsible for voting on the board members or even serving on the board herself?

Can the board fine me for not having unit insurance?

Q. My condo association board enacted Rules & Regulations that state that all owners must have their own insurance and that we are to provide a copy of our insurance policy every year or we would be in violation of the rules.