Home Condo Living A-Z Turnover/New Associations Condo Turnover: What You Need to Know
 

Current Seminars & Events

February 2012
S M T W T F S
29 30 31 1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 1 2 3
No events
Get Condo News updates from the HausFS e-Newsletter!
* indicates required

Admin Login



Condo Turnover: What You Need to Know PDF Print E-mail

by Kate Dargis, HausFS

I recently attended a seminar sponsored by the Lakeside Community Development Cooperative about the process of taking over building management from the developer and developing a governing Board.  As a non-owner, I was in the same boat as the new owners in the room - I knew very little about the turnover process.

I didn’t realize how crucial it was for condo owners to become educated prior to their own turnovers until I heard the horror stories some of the other attendees shared.  Some talked about developers unwilling to give up control or misusing assessments and of owners unaware of their rights.  From this seminar I compiled some information every owner should have at their fingertips when facing their building’s turnover:

1. The developer is required to have a turnover meeting when 75% of the building units are sold or three years from when the declaration is recorded.  At this time the developer must call a meeting of the owners to turn over all the financial paperwork for the building and for the owners to vote for Board members.  Notice of the meeting must be given to the owners at least 21 days prior to the meeting.

2. After the first unit in the building is sold, the developer must pay assessments for each unsold unit and collect assessments from each owner that closed on a unit. Accounting of the collection and expenditures of the assessment monies must be provided. This must be done until the turnover meeting.  Beware!  Some developers may use your assessments to pay for expenses associated with construction on unfinished units in the building (handymen, dumpsters, cleaning)…make sure to get a detailed record of all expenditures from the developer.  The developer has 60 days from the time of the turnover to provide these records to the Board.

3. The newly formed Board should make sure to take control of the building’s funds right away by changing names on the bank account or transferring the funds to a new bank account.  Note: the developer should have kept the building funds in a separate account, but this is not always the case!  Another reason to carefully examine the financial records to make sure the Board is accounting for all of the revenues and expenditures that occurred during the developer management and what the balance should be.

4. The Board should also make sure to get all documents pertaining to warranties, deeds, legal action, engineering and architectural drawings and any other legal documents which may have been filed with the state.

5. If the developer does not turn these documents over to the Board in the required 60 days, than the Board can send a written demand to the developer, which then gives them 10 days to comply.   If the developer fails to comply, than the Board has the right to take legal action.

6. Owners have the right to cancel certain contracted services that were made prior to the election of the Board and which extends more than two years. Cancellations must be agreed upon by the majority of unit owners and voted upon at a Board meeting.  The Board has 180 days from the first election to make these cancellation decisions.

All of the above policies and more can be found in the Illinois Condominium Association Act (See “Reference Documents” section for the full document)

While seemingly daunting, the more prepared owners are, the less painful the turnover is!  Being aware of your rights and keeping the lines of communication open should help mitigate some of the common trouble spots owners face. 

If trouble persists with the developer despite owners best efforts, it may be time for legal action.  Visit our “Ask the Lawyer” section to see what other associations have been through and whether pursuing legal action is the best option.

 

 

Search Articles

Follow us on Twitter
Joomla Templates by Joomlashack