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Eviction Updates for Condo Investors and Board Members

Details: Written by Alexa Jackson; Category: What We're Thinking About Lately...; Published: 30 November 2020

Evictions can now be filed under the New Eviction Moratorium Order in Cook County.

The new Eviction Moratorium allows for the filing of evictions if the tenant/occupant is not a “covered person.”

A Tenant/Occupant is a “Covered Person” if the Tenant/Occupants submits the attached Declaration. Note that we could try to dispute the Tenant/Occupant’s claim that they are a covered person, if you have evidence that the following statements are false:

• the individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment pursuant to Section 2001 of the CARES Act; and,
• the individual is unable to make a full rent or housing payment due to a COVID-19 related hardship including, but not limited to, substantial loss of income, loss of compensable hours of work or wages, or an increase in out-of-pocket expenses directly related to the COVID-19 pandemic; and,
• the individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other Non-Discretionary Expenses; and,
• eviction would likely render the individual homeless—or force the individual to move into and live in close quarters in a new congregate or shared living setting—because the individual has no other available housing options.

It is important to remember however, that although a case can be filed and an eviction order/judgement can be obtained, the tenant/occuptant cannot be evicted from the property until the Eviction Moratorium is lifted.

The Order sill prohibits the enforcement of any eviction order unless the tenant/occupant poses a threat to the health and safety of other tenants; an immediate and severe risk to property, or a violation of any applicable building code, health ordinance, or similar regulation.

Enforcing Condo Association Rules

Details: Written by Alexa Jackson; Category: What We're Thinking About Lately...; Published: 24 November 2020

Successful community living requires structure which is why condominiums have a lot of rules.

While the board has a fiduciary duty to enforce the association’s documents, house rules are put into effect, and occasionally amended, by the board and are intended to protect the general welfare of residents.

Boards and managers walk a fine line when dealing with neighbors in residential communities. Getting community members to coexist harmoniously becomes difficult when conflict inevitably arises.

One of the best ways to promote harmony is to encourage open communication. If that doesn’t work, the threat of enforcement is next, followed by fines, if applicable.

Fines can be an effective means of enforcement. If a resident isn’t abiding by the rules after multiple fines, you can move an infraction to your association’s attorney. The attorney can then investigate a foreclosure or court injunction and order payment, plus legal fees.

While they may not be universally likes, community rules are in place for the benefit of all residents. Whatever the house rules are, a board should not discriminate or waiver in its enforcement of them. Additionally, all enforcement needs to be within the law, the community’s documents, and the best interest of the community.

Learn more here.

Take Out Chicago

Details: Written by Alexa Jackson; Category: What We're Thinking About Lately...; Published: 17 November 2020

Indoor dining is no longer allowed in Chicago, but our restauarants and bars still need our support.

Take Out Chicago is a city-wide contest to help our favorite restaurants and bars during this difficult time.

Entry requires ordering from 10 different Chicago restaurants between now and December 15th.

Once completed you can email This email address is being protected from spambots. You need JavaScript enabled to view it. with your name and the list of restauranats you ordered from. Choose Chicago will then select up to 10 winners to receive a 90-120 minute VIP tour of a select Chicago destination.

See details on the City of Chicago's website.

Have You Prepared and Distributed Your 2021 Budget?

Details: Written by Lauren Peddinghaus; Category: What We're Thinking About Lately...; Published: 11 November 2020

2021 is around the corner, and that means....it's budget time!

Here are a few important reminders about Board responsibilities and Budgeting:

The Board is required to prepare an annual budget for the association each year.
A copy of the proposed budget must be delivered to owners at least 25 days before the Board votes at a meeting to approve it.
Notice of the Board meeting to approve the budget must be delivered to owners at least 10 days prior to the meeting.
Owners do not vote on the budget, only Board members. However...
If an assessment increase would result in a 15% or more increase over TOTAL income for the prior year (including Special Assessments), then owners have the right to petition for an owner vote on the budget.

Please see more about Budgets from these CCR articles:

Condo Budgeting Tips for Pandemic-Related Issues

Double-check your ownership percentages when preparing budgets ...

How to Avoid Common Board Member Mistakes

The Importance of Reserves Budgeting in Small Condos ...