If you read nothing else in your bylaws …
Make sure you read 10 things from condominium bylaws before buying property
Condominium bylaws are long, boring and sometimes even complicated to read. You’d rather focus on actually purchasing the property, and moving in or renting it out. But there is a reason both condominium bylaws and Rules and Regulations are written. If you read nothing else from the bylaws, make sure you’re familiar with these 10 things.
Pet policy: If you are someone who really loves having an animal companion, sooner or later, that no-dog and no-cat policy is going to start wearing on you. While there are opportunities to get around it, such as having an emotional support animal (ESA), you should also understand why your condo board doesn’t allow pets. It could be valid reasons like past pet destruction, severe animal allergies and/or constant noise complaints. It may not be as simple as, “I don’t like dogs.” While Rules and Regulations can be re-evaluated as board members come and go, the pet rules in the bylaws are what legally matter the most.
Election nomination: Being on a condo association board is a lot of work for no pay (unless your board allows for members to be paid, which can risk the nonprofit status). Be very familiar with how each role works, so you, as an owner, know who to contact. And if you’re on the board, know exactly what responsibilities you take on before you agree to do them. For example, if you’re not organized and great with record-keeping, being the condo board treasurer is not the job for you. If you’re nonconfrontational and cringe at having to make tough decisions, you will have a world of discomfort being the condo board president. Know where your strengths are.
Election termination/terms: If there is someone on your condo board who you are just not happy with, you have the ability to see how to remove this person from the board. Depending largely on the percentage in your bylaws, you may have your work cut out for you trying to organize a Special Meeting to have this person removed. And once you have the meeting, you should be well-prepared to explain why this person should be removed. If it’s all personal and petty complaints, you will more than likely lose credibility. Again, the role is unpaid. Instead, you may be better off volunteering yourself for the role during the next election or adding yourself to the board to improve the state of affairs.
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Recommended Read: “Why can unit owners who owe assessments be on the condo board? ~ Section 22.1 of the Illinois Condominium Property Act: When HOAs owe past assessments?”
Personal liability versus common areas: You should know who would be held liable for flood and sewage damage, as well as fires or any other kind of emergency. Condo boards often cover the common areas, but damage in your unit is more often than not your responsibility.