Keough & Moody, P.C.

 

Chicago                                                                                                                          Naperville

312-899-9989                                                                                                                630-369-2700

info@kmlegal.com                                                                                                         www.kmlegal.com

Volume 4 Number 4 April, 2015 
In This Issue
Quick Links
  
This month our feature article discusses the importance of your association's team.  In addition to knowing who is on your team, it is beneficial to know who is responsible for what and what each team member should not be expected to do.  

What's the Difference between Common Elements, Limited Common Elements and Units?  Find out in our article below.

Cook County's 2015 Assessment Season has begun. Check out the information below related to tax appeals.

Our May seminar series will focus on Contracts, including discussion on formation, obligation, termination, enforcement and breach of contract. C heck out our event schedule below for information on upcoming events and education opportunities. 

It is our pleasure to provide you with this newsletter and the information therein.  We welcome your suggestions for articles or other content which may benefit you.  Please feel free to respond to this message and we will gladly consider all comments. 

 

Lindsey Daehnke
  Marketing Coordinator
   Keough & Moody,P.C.

 
You know who is on the association's team, 
but do you understand their roles?
By Gabriella R. Comstock

You have heard it said many times before, your Association should have a team assembled. The purpose of the team is to help the Board of Directors of the Association with the administration of the Association's day to day affairs and how to respond to particular matters. Many Board of Directors take this advice and assemble a team. Yet, not all board members (or even members of the Association) understand the roles of each member of the team. The purpose of this article is to highlight the role of three (3) key team players and their roles.

The captain of the team at all times is the Board of Directors ("Board"). The Board is the one to have a final say on all that the team does (or does not do!). Even with a strong team in place, the Board owes a fiduciary duty to all members of the Association. The Board acts by a majority approval. No one board member can act on his own, even if he is the President of the Association. Each member of the Board has his own duty to fulfill, but again, at the direction of the majority of the Board.

It is the responsibility of the Board to be sure that the team players are directed and that there are checks and balances in place. The first step read more
  
Upcoming Opportunities 
to meet attorneys and staff from

Keough & Moody P.C. include:

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Keough & Moody events:
KM seminars are free to attend.  
Click on the link to see more 
information or to register. 
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Everything You Need to Know About Association Contracts

Thursday May 7, 2015 

6:00 PM to 8:00 PM

Naperville
 
 

Contracts are necessary in the day-to-day operation of an association. Entering into contracts seems to be a task that is often taken for granted by Managers and Board Members. Though many contracts are easy to live by, any one term that is not understood or adhered to can cost the Association big bucks if its obligations are not met.


 

Everything You Need to Know About Association Contracts

Friday May 8, 2015 

9:30 AM to 11:30 AM

Naperville
 

Contracts are necessary in the day-to-day operation of an association. Entering into contracts seems to be a task that is often taken for granted by Managers and Board Members. Though many contracts are easy to live by, any one term that is not understood or adhered to can cost the Association big bucks if its obligations are not met.


 

Board Member Event - An Evening of Education

Wednesday May 13, 2015 

5:30 PM to 8:30 PM

NOAH's Event Venue in Naperville


 

 A variety of topics will be discussed to provide board members with confidence as they continue the challenging task of running their associations. 


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Industry events:

  Thursday, May 7, 2015
University Center - Chicago

A Practical Guide to Dealing with the
5 Most Challenging Owners within your Association:

Presented by 
Gabriella Comstock & Chuck Keough
of Keough & Moody, P.C.

1. The delinquent Owner
2. The Owner who does not perform maintenance
and denies the association access to perform it
3. The compulsive complainer
4. The Owner who wants all of the exceptions
5. The Owner who plays a lawyer on TV

Full Day of Education with your choice of four (4) 
Education Sessions from eight (8) Topics/Presenters, including this presentation by Keough & Moody, P.C.

Visit www.cai-illinois.org for additional details and registration.

What's the Difference?

Common Elements v. Limited Common Elements v. Unit


 

One of the most challenging concepts to understand in community association living is the difference between Common Elements, Limited Common Elements and Units.  The first step in understanding the difference between the three is to know that what elements fall into each category is different for each association.  Illinois Statute defines each of these three parts of the community in general, however the association's Declaration will determine which elements fall into each category, for that particular association.

  

            Unit:  The Illinois Condominium Property Act defines "Unit" as a part of the property designed and intended for any type of independent use.

 

            Common Elements:  Those elements of the building or community that serve all of the Units, are common elements. Per the Condominium Property Act, the maintenance to the common elements and the related costs incurred are to be borne by the Association.

 

- Elements of the association that serve more than one Unit are part of the common elements. 

 

- Even so, the use of certain common elements are limited to only certain units. Hence, they are known as limited common elements. The Illinois Condominium Property Act defines "limited common elements" as a portion of the common elements as being reserved for the use of certain units. 

 

            Limited Common Elements:  Those elements which serve less than all of the Units. 

 

- The Condominium Property Act also allows an Association's governing documents to provide that expenses related to maintain, repair and replace the limited common elements may be assessed back to the Owners who are benefitted by the use of the limited common elements.


 

- An Association's declaration may provide that the Board has the discretion to assess costs incurred to maintain the limited common elements back to the Owners who are benefitted by the use of the limited common elements. For this reason, the cost to maintain elements that serve a Unit or less than all of the Units can be assessed back only to the Owners who are benefitted by that element. 


             The Declaration should define these terms, as well and may even outline those elements of the building or community which are included in each category.  To assist in determining which category an element falls into, you can ask the following questions:

 

       1.  Is the element in question part of the Unit or a Common Element? 

 

2.  If it is a Common Element:  Does it serve less than all of the units?  If so, it is a Limited Common Element.


 

3.  If it is a Limited Common Element: What does the Declaration say in regard to charging back the related costs of maintenance, repair and replacement to the Owners who are benefitted by that element?

 

Of course it is always wise to confirm responsibility with the Association's legal counsel.  Any legal opinion which the Board relies on should be kept in the Association's books and records, so that should a Board decision be challenged, the Board will be insulated from a claim that it breached its fiduciary obligation.


 

Is Your Association Ready for a Tax Appeal?

Cook County 2015 Assessment Season

 

The 2015 Cook County assessment season has begun.  This year all property located in the City of Chicago will be re-assessed.  There are eight townships in the City of Chicago (Rogers Park, Lake View, Hyde Park, Lake, West, Jefferson, North Chicago, and South Chicago).  Property owners in each of these townships will receive a re-assessment notice in the mail setting forth the proposed 2015 assessment.  Taxpayers will have thirty days to file an appeal with the Assessor's office to seek a reduction in the proposed assessment.

 

Property owners in each of the other 30 townships in Cook County will also have an opportunity to contest their 2015 assessments during the 30-day filing period for their township regardless whether their assessment has increased or not.

 

The Assessor's tentative mailing schedule for each of the 38 townships in Cook County can be found on the Assessor's web site via the link below.  

 

Township Mailing Schedule

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If your association would like to consider appealing or contesting your 2015 assessment, click here to request a proposal. 
Announcements

Click here to read Dawn Moody's article 
in Common Interest Magazine.


Check out our new website at www.kmlegal.com.


DISCLAIMER 

  Keough & Moody, P.C. ("Keough & Moody" or "we" or "us") provides its newsletter for informational purposes only. The information contained in this newsletter is not legal advice.  Your communication with us through this Newsletter, or by other means, does not create an attorney-client relationship between us. Please do not disclose any confidential information to us in response to this newsletter, or otherwise, because we will have no obligation to keep that information confidential unless and until a formal attorney-client relationship is established with you.  ATTORNEY ADVERTISING MATERIAL.