Q. I am a unit owner in a condominium association. I am aware that condominium boards are entitled to conduct board meetings virtually on video platforms; however, with the advent of artificial intelligence, and thus, the risk of AI impostors, perhaps the time has come for condominium boards to revert back to in-person board meetings. What are your thoughts?
A. As the pace of technological advances have accelerated in recent decades, we have seen how technology has changed how we live, work and interact with each other, which has even trickled down to the manner in which condominium associations operate. In fact, Section 18.8 of the Condominium Act was enacted regarding the use of technology to provide a framework for use of technology by condominium boards.
While appropriate safeguards should always be implemented regarding the use of technology, embracing the future as technology continues to develop will be more productive and impactful for community association operations than focusing “on the way things used to be” out of fear of technological advances. How AI will affect communal living has yet to be written, but I for one am excited to see the future unfold.
Q. I am a unit owner in a high-rise condominium association. The condominium association’s rules and regulations prohibit propane gas grills on balconies, allegedly because of the objection of the association’s insurance carrier. Is the board of directors acting reasonably capitulating to the insurance carrier’s position?
A. Per Section 12 of the Condominium Act, and the association’s governing documents, the board of directors shall procure insurance on the common elements, limited common elements and portions of the units. If insurance carriers will not provide the required insurance of the common elements due to the existence of propane gas grills on balconies, it is a reasonable exercise of the board’s fiduciary obligations to prohibit propane gas grills on balconies.
Depending on the size of the building, some municipalities actually prohibit propane (a type of liquefied petroleum gas) on balconies per statute. For example, Section 15-26-540 of the city of Chicago Building Code prohibits liquefied petroleum gas in multiunit dwellings of 20 or more units. The concern of the Chicago Fire Department is that if there is a building-wide fire, a propane tank could explode, endangering individuals exiting the building as well as firefighters.
Q. I live in a single-family homeowners association. Our governing declaration of covenants clearly states that the single-family homes cannot be used for commercial purposes. However, a new neighbor recently moved in and is operating a commercial warehouse out of their garage. Is the homeowners association required to enforce this covenant?
A. Per applicable law, the board of directors of a homeowners association has a fiduciary obligation to enforce its governing documents. If a commercial enterprise is confirmed to be operating out of a home in violation of the governing documents, the board of directors should issue an appropriate notice of violation for the homeowner to cease such use, and if the commercial use is not ceased, the board must enforce its legal remedies, which includes levying fines, and if necessary, filing a declaratory lawsuit in the circuit court of the county where the property is located to prevent continuing violations of the governing documents.
Got a question for the Condo Adviser? Email ctc-realestate@chicagotribune.com.