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  #1  
Old 11-30-2008, 03:47 PM
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Join Date: Nov 2008
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Small Condo Association Question


Hello, I live in a small condo building in Chicago,IL (9 units). 8 of the 9 units agreed to perform the snow removal on the property ourselves in lieu of hiring a service and increasing the assessments. One unit owner refuses to do any of the work, we suggested he hire someone to perform his share of the work. He refuses to do so.

Can we legally hire someone to perform his share of the work and charge his unit for that fee because it is an expense arising from his unit only?

Any suggestions appreciated!
  #2  
Old 12-01-2008, 10:07 AM
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Join Date: Apr 2002
Location: snowland
Posts: 6,824
Even though it will save you money maybe the rest of you should go back to having it done by a service. This way the 9th party cannot escape the cost. Many people move to the type of housing that you live in just because they do not want to or sometimes physically cannot deal with snow or lawn care. How much money would be saved by not using a service and if the 8 refused to say clean out this persons parking space or infront of the garage would number 9 attempt to sue ? Last did the 8 follow any process in the bylaws about discussing it ? voting on it? & formally adopting this change for the year ? LAST what are your city ords for snow & ice removal ?
  #3  
Old 12-01-2008, 12:05 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by laellerman View Post
Hello, I live in a small condo building in Chicago,IL (9 units). 8 of the 9 units agreed to perform the snow removal on the property ourselves in lieu of hiring a service and increasing the assessments. One unit owner refuses to do any of the work, we suggested he hire someone to perform his share of the work. He refuses to do so.

Can we legally hire someone to perform his share of the work and charge his unit for that fee because it is an expense arising from his unit only?

Any suggestions appreciated!
**A: yes you could if your condo docs allow it.
  #4  
Old 12-01-2008, 05:55 PM
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Join Date: Nov 2008
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Quote:
Originally Posted by FarmerJ View Post
Even though it will save you money maybe the rest of you should go back to having it done by a service. This way the 9th party cannot escape the cost. Many people move to the type of housing that you live in just because they do not want to or sometimes physically cannot deal with snow or lawn care. How much money would be saved by not using a service and if the 8 refused to say clean out this persons parking space or infront of the garage would number 9 attempt to sue ? Last did the 8 follow any process in the bylaws about discussing it ? voting on it? & formally adopting this change for the year ? LAST what are your city ords for snow & ice removal ?

It would be pretty costly because we get so much snow here, that is why we divided it amongst all units so each unit partners with another unit to cover the shoveling for a week and it rotates for 3 months so each unit does it 3 times.

Well we did discuss it at our June summer meeting and everyone that attended (5 of the 9 units) did agree to it and that is documented in the mtg minutes, the other 3 agreed via email (which I didn't save) however we didn't realize we needed to put it in writing somewhere. Do we need to amend our rules and regulations or bylaws and if so, can we specify there will be a chargeback to those units that don't participate? Is it too late to do it now for this winter season?
  #5  
Old 12-02-2008, 12:11 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by laellerman View Post
It would be pretty costly because we get so much snow here, that is why we divided it amongst all units so each unit partners with another unit to cover the shoveling for a week and it rotates for 3 months so each unit does it 3 times.

Well we did discuss it at our June summer meeting and everyone that attended (5 of the 9 units) did agree to it and that is documented in the mtg minutes, the other 3 agreed via email (which I didn't save) however we didn't realize we needed to put it in writing somewhere. Do we need to amend our rules and regulations or bylaws and if so, can we specify there will be a chargeback to those units that don't participate? Is it too late to do it now for this winter season?
**A: read my response.
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