Status of Cook County Tax Appeals for Associations

Similar to other entities and facilities, the Cook County Assessor’s Office is closed to the public and service by telephone is unavailable. As such, the Cook County Assessor has suspended mailing of assessment notices and appeal deadlines until further notice**.

While certain association business may be on hold due to the global pandemic, your association can discuss and approve a tax appeal. There is no need to wait until receipt of your assessment notice to approve an appeal. Our office can seamlessly handle your appeal from beginning to end. Our office will monitor the resumption of notices and deadlines. Upon receipt of your assessment notices, our office will conduct the necessary initial research prior to filing an appeal. By taking action now, the pressure of deadlines and time constraints is effectively eliminated for the association. Our office highly recommends taking advantage of this suspension in order to begin the process as soon as the mailing of notices and deadlines are resumed. Contact our office today to learn more about how associations should handle the appeal process.

** Please note: Any appeals currently pending remain on schedule and will be processed. However, if an appeal requires a hearing, the use of technology may be used in lieu of in-person hearings.

FAMILIES FIRST CORONAVIRUS RESPONSE ACT BULLETIN

By: Mohit Mehta

The Families First Coronavirus Response Act (FFCRA) was signed into public law on March 18, 2020, as a way to legislate duties, rights and responsibilities in the public and private sector while the nation carries on through the COVID-19 pandemic. As employers are forced to close businesses and employees take medical leaves of absence from work, the FFCRA lays out employer and employee duties and responsibilities in the “Emergency Family and Medical Leave Expansion Act” (EFMLEA) and the “Emergency Paid Sick Leave Act” (EPSLA). The EFMLEA expands the scope of the Family and Medical Leave Act of 1993 (FMLA), where employees may take 12 weeks of leave for medical reasons due to the COVID-19 pandemic without risk of losing their job. The EPSLA grants employees 2 weeks of paid sick leave due to the COVID-19 pandemic, regardless of the length of their employment.

REQUIREMENTS AND DUTIES UNDER THE EFMLEA

Overview of Legislation:

Small businesses and organizations with fewer than 50 employees are exempt from the requirements of the EFMLEA when the imposition of such requirements would jeopardize the viability of the business. Additionally, the provisions in the EFMLEA apply only to employees employed for at least 30 calendar days by the employer from whom leave is requested, and employers with 50 or more employees for each working day during the last 20 workweeks. The EFMLEA expands on the Family and Medical Leave Act of 1993 (FMLA), which lays the groundwork for which employees may take leave from their employment for up to 12 weeks (or 26 weeks in the case of them being a servicemember) if they are need of medical care, or to care for a family member that is in need of medical care, without the risk of the employee losing their job. The EFMLEA expands the FMLA, where employees are able to take 12 (or 26) weeks of leave from employment without the risk of losing their job, if they are required to do so under the new federal, state, and local rules in connection with the COVID-19 pandemic. Accordingly, the employee may take the 12 weeks given under the FMLA to recover or help their child recover from the COVID-19 pandemic (if schools and child-care centers are closed due to the new federal, state, and local rules in connection with the COVID-19 pandemic), without the risk of losing their job, under the new provisions in the EFMLEA. Furthermore, the employee can elect to include accrued vacation days, sick days, and personal days for the first 10 days of leave under the EFMLEA; after the 10 day period, the employer shall provide paid leave for the employee. However the amount of money that employers are to pay employees is not to exceed $200 per day and a $10,000 maximum.

Employer and Employee Duties:

Employees must give notice as is practicable to employers when medical leave is foreseeable. If the employee’s position is taken when the employee comes back to work, the employer must make every reasonable effort to restore the employee to a position equivalent to the position the employee held prior to taking leave. If the restoration fails, the employer must contact the employee if an equivalent position opens up within one year.

REQUIREMENTS AND DUTIES UNDER THE EPSLA

Overview of Legislation:

The EPSLA applies to any employer in the private sector with under 500 employees. Under the provisions of the EPSLA, employers must give their employees paid sick leave under the Act regardless of how long the employee has been employed by the employer. Additionally, employers may not require an employee to use other paid leave provided by the employer to the employee before the employee uses the paid sick time granted in the EPSLA. The EPSLA specifically lists that employers are required to give employees paid sick leave only to the extent that the employee is unable to work (or work remotely) because:

  • The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
  • The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
  • The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis;
  • The employee is caring for an individual who is subject to an order as described in numeral (1) or has been advised as described in numeral (2);
  • The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID-19 precautions;
  • The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

Accordingly, full time employees are entitled to 80 hours of paid sick leave and part-time employees are entitled to a leave amount equal to the number of hours the employee works over a 2-week period. Once an employee comes back to work, the employee is afforded no more sick leave under the Act. Lastly, employers are required under the FFCRA to post a copy of the language used in the Act at work; “model language” that satisfies this requirement can be found below:

https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave

https://www.dol.gov/agencies/whd/pandemic/ffcra-employer-paid-leave

https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

Paid Sick Leave Calculation:

The EPSLA lists two payment restrictions for employers based on the reason the employee takes leave. For reasons 1-3 above, paid sick time is not to exceed $511/day and a maximum of $5110 total; for reasons 4-6 above, paid sick time is not to exceed $200/day and a maximum of $2,000 total. Additionally, when employees are taking paid sick leave for reasons 4, 5, and 6, their compensation will be 2/3 of their regular rate of pay. For part-time employees or employees with varying schedules, employers should calculate the employee’s paid sick leave hours to a number equal to the average number of hours that the employee was scheduled per day over the 6-month period ending on the date on which the employee takes the paid sick time, including hours for which the employee took leave of any type. If the employee did not work during the last 6 months, paid sick leave should be based on a reasonable expectation on the number of hours per day the employee typically works.

If you any questions regarding the foregoing please contact our office to discuss.   Remember this portion of the recent federal legislation addresses leave taken due to one of the enumerated reasons and not due to lack of work or closure of a business. 

This article is being provided for informational purposes only.  This article does not constitute legal advice on the part of Keay & Costello, P.C. or any of its attorneys.  No client or any other individual or entity should rely on this article as a basis for any action or actions without confirming the advice.  If you would like legal advice regarding any of the topics discussed in this article and/or recommended procedures for your entity or business going forward, please contact our office. 

TIME TO TAKE ADVANTAGE OF “USE OF TECHNOLOGY”

While it may seem trite to repeat this statement – our society is facing unprecedented times.    In 2014 when I (as the Co-Chairperson of the Illinois Legislative Action Committee of CAI) was negotiating changes to the Illinois Condominium Property Act and the Common Interest Community Association I could not have anticipated the events we are all are facing today.  However, both acts were modified in 2015, in various ways, including a provision titled “Use of Technology.”  I am recommending all board members and management carefully review the provisions of Section 18.8 of the Illinois Condominium Property Act and Section 1-85 of the Common Interest Community Association Act.    Subsection (b) of both 18.8 and 1-85 provides for the following:

(b)        The association, unit owners, and other persons entitled to occupy a unit may perform any obligation or exercise any right under any condominium instrument or any provision of this Act by use of acceptable technological means

Both acts define “acceptable technological means” to:

Include(s), without limitation, electronic transmission over the Internet or other network, whether by direct connection, intranet, telecopier, electronic mail, and any generally available technology that, by rule of the association, is deemed to provide reasonable security, reliability, identification, and verifiability.

If an association has not implemented any increased use of technology since these changes were adopted, it is time to heavily consider doing so.  Please discuss with counsel and management how to continue the business of the association by more effectively employing technology.    Going forward, this crisis should force each of us to review or procedures and protocols to determine whether we are using all the tools available to us.   The language regarding electronic voting has been in place since 2015 – is your association using it?   The statutes provide for electronic notices.  Have proper procedures been adopted to implement this method of communicating with owners and, more importantly, has the association encouraged such efforts?  Out of crisis grows opportunity.   Please use this situation as an opportunity to explore what can be done to allow the business of the association to continue moving forward, while we devote much of our personal time to the immediacy of our current global situation.  

Stay safe and take care of one another.   

COMPREHENSIVE REVIEW FOR DELINQUENCIES

Is your office finding the day-to-day demands of managing property have, in a short period of time, changed dramatically as we all navigate these unique times?  This short-term shift in the demands on our time presents opportunities to address matters for our clients that may not always be high on the priority list, but which are critical to the long-term strength and viability of a community.   Cross checking the association’s delinquent accounts against foreclosure and bankruptcy records in order to determine the collectability of those accounts can be a daunting task.  Fortunately, our firm can help.  We now offer a comprehensive review of an association’s entire delinquency report. 

Our office charges $650.00 for this service, which includes a review of all delinquent accounts against foreclosure and bankruptcy records and a recommendation of options available to the association on each account.  The board can then use our review and recommendations to make informed decisions on how to proceed with each account.  In some situations, an old balance previously viewed as uncollectable might be available through post-judgment collection.  In other situations, a balance must be deemed uncollectable due to a bankruptcy discharge.  Whatever the particular circumstance of each account, the review will give the board the tools it needs to fulfill its obligation to reduce assessment delinquencies and promote the financial stability and creditworthiness of the community.

Let us help you review your community’s accounts. We are here to help you resolve those pesky delinquencies and clean up your accounts receivable. 

COVID-19 VIRUS LEGAL UPDATE

March 15, 2020

As we proceed through this time of uncertainty the best advice (legal or otherwise) we have to offer is to continue to exercise common sense.    There are no health professionals at our office.  It is important to continue reviewing updates from federal, state and local health departments.  

One of the more prevalent health recommendations from the Center for Disease Control and Illinois Department of Public Health is to practice “social distancing.”  “Social distancing” includes the following:

  • Maintain a distance of approximately 6 feet from other individuals
  • Avoid public gatherings and crowds
  • Do not engage in contact with others such as shaking hands
  • Remain at home as much as possible

The greatest impact the social distancing recommendation will have on our community association clients concerns the use of common areas and attendance at meetings.  Again, we encourage a common-sense approach.   

Common Areas

Association clients should consider limiting or eliminating all unnecessary gatherings.  This may, at the discretion of the board of directors, include temporarily closing public gathering spaces.   Certainly, in the event someone within the community is diagnosed with COVID-19, the community should close public gathering areas such as a clubhouse or meeting rooms.    Common entry ways, stairwells, parking garages, and elevators must remain open to provide access to residents, but it is recommended that cleaning protocols be increased during this period of time.    

Further, residents who have either recently travelled abroad or been in contact with someone who has been diagnosed with COVID-19 should self-quarantine and avoid all common areas.    In the event the association or management becomes aware that someone has contracted the virus, we encourage the association to communicate this information to the other residents in a manner to protect the confidentiality of the resident.    DO NOT communicate unconfirmed or unreliable information.   DO NOT participate in gossip.    Misinformation will not help in getting through this crisis.    Before communicating any information to the residents, please consult with counsel.

Meetings

Consider whether the board meeting or owner meeting is absolutely necessary.   If the meeting is not necessary and can be postponed – PLEASE POSTPONE THE MEETING AND RESCHEDULE.  There is no need to strictly adhere to annual meeting dates.   The board will continue to serve until the meeting can be held.

Understanding both the Illinois Condominium Property Act and Common Interest Community Association Act provide “that every meeting of the board of managers shall be open to any unit owner,” we are encouraging our community association clients to temporarily consider redefining the term “open.”  Typically, we would think of the term “open” as requiring a public gathering.   Rather than encouraging public gatherings we are recommending our clients to make use of technology or phone conferencing to conduct meetings.   Understand that notices will need to be revised, however, this should not stand in the way of practicing safety amongst the members.     Under existing law, board members can already use technology to participate in meetings.    Please review the “Use of Technology” sections in both acts at this time to make the best use of the means already provided.     Again, seek counsel for additional guidance.

Finally, we encourage everyone to be patient with one another, use common sense and be cognizant that everyone is trying the best to navigate this unchartered territory.  The information herein is offered as of its date of publication and it may continue to change as we progress through this time of uncertainty.  

This article is being provided for informational purposes only.  This article does not constitute legal advice on the part of Keay & Costello, P.C. or any of its attorneys.  No association, board member or any other individual or entity should rely on this article as a basis for any action or actions without confirming the advice.  If you would like legal advice regarding any of the topics discussed in this article and/or recommended procedures for your association going forward, please contact our office. 

RECREATIONAL MARIJUANA USE IS COMING TO ILLINOIS…
NOW WHAT?

Historically, Illinois condominium associations have not had to pay particular attention to preventing owners and occupants from smoking marijuana within the association. Smoking marijuana was illegal, so in the event people were found to be smoking marijuana, an association’s board of directors could simply notify the police or take action against the person under the declaration’s general prohibition against illegal activity or noxious and offensive behavior from taking place upon the property.

For better or worse, this is about to change. The Illinois House of Representatives recently passed House Bill 1438 legalizing the recreational use of marijuana. On June 25, 2019, Governor J.B. Pritzker signed the Cannabis Regulation and Taxation Act into law, which permits adults aged 21 and older to use marijuana within a private residence and possess up to 30 grams of marijuana. This Act also permits medical marijuana user to grow up to five (5) marijuana plants in their home, but does not permit recreational users to grow any plants in their homes. Upon legalization (January 1, 2020), condominium associations wishing to regulate the smoking of marijuana within the association will no longer be able to simply rely on its covenants which generally prohibit criminal behavior.

Thankfully, the legislature acknowledged the idea that some condominium associations may still want to regulate this activity. As such, the legislature created a new section of the Illinois Condominium Property Act granting condominium associations the ability to regulate the smoking of marijuana within the association, despite the fact that it is now legal.

The addition to the Illinois Condominium Property Act provides that a condominium association’s governing instruments may prohibit or limit the smoking of marijuana within an owner’s unit. However, while the law grants an association authority to prohibit the smoking of marijuana within an owner’s unit, the law requires that such a regulation shall only be effective if set forth in the “condominium instruments.” While many consider an association’s rules and regulations to be part of the “condominium instruments,” the Illinois Condominium Property Act actually contains a narrower definition, and only considers documents recorded against the property (i.e., declaration and bylaws) to be “condominium instruments.” Therefore, while the smoking of marijuana within units can be prohibited or restricted, it must be done via an owner adopted amendment to the condominium instruments, not via a board adopted rule. It should be noted that the association’s ability to restrict via the condominium instruments specifically relates to the smoking of marijuana and does not pertain to the ingestion or consumption of marijuana by other methods (i.e. edibles). Lastly, the new law does expressly state that either the condominium instruments or rules and regulations may restrict the consumption of marijuana, in any form, upon the common elements. Therefore, if the association wants to restrict the consumption of marijuana throughout the common elements, the board need only adopt a rule to such effect.

Legal recreational marijuana use is coming to Illinois, and condominium associations will be forced to consider how, if at all, they want to regulate the activity within the association. While the board of directors will have broad discretion in regulating and restricting the use of marijuana upon the common elements, the question of whether to prohibit the smoking of marijuana within the actual units will need to be left to the owners. Our office has already begun drafting rules related to the consumption of marijuana within the common elements for some of our associations. If your condominium association is curious about how the new law will affect the association specifically, or is considering adoption of a rule restricting the consumption of marijuana, please feel free to contact our office. We are happy to assist you.

This article is being provided for informational purposes only. This article does not constitute legal advice on the part of Keay & Costello, P.C. or any of its attorneys. No association, board member or any other individual or entity should rely on this article as a basis for any action or actions. If you would like legal advice regarding any of the topics discussed in this article and/or recommended procedures for your association going forward, please contact our office.

The Illinois Condominium Property Act empowers a board of managers, “to impose charges for late payment of a unit owner’s proportionate share of the common expenses, or any other expenses lawfully agreed upon, and after notice and an opportunity to be heard, to levy reasonable fines for violation of the declaration, by-laws, and rules and regulations of the association”.   765 ILCS 605/18.4(l). 

Similarly, the Illinois Common Interest Community Association Act states, “The board shall have the power, after notice and an opportunity to be heard, to levy and collect reasonable fines from members or unit owners for violations of the declaration, bylaws, operating agreement, and rules and regulations of the common interest community association”.  765 ILCS 160/1-30(g).

However, before a fine can be imposed, there are four important aspects to  the process: violation of an existing rule and regulation (or provision in declaration or by-laws); notice of the violation to the owner; an owner’s opportunity to be heard; and, the fine amount.

A large part of Keay & Costello’s practice involves collections for condominium and homeowner associations.   While assessments may be the most important debt to collect for any association, fines constitute another important collectable debt. 

An association should always be aware of its own rules and regulations.  This may seem obvious, but sometimes associations levy fines to accounts for conduct that does not actually violate an existing rule and regulation.  This is problematic.   Associations should not be demanding payment for a fine for a violation that does not exist.  Additionally, including such fines will  delay the collection process. 

The next step for an association is to send written notice of the violation to the owner.  The notice should advise the owner of the violation, the time period to correct the violation, and the consequences for failing to correct the violation.  Associations frequently deviate from their own rules and regulations regarding the fine notice procedure.  It is best practice for an association to consult its own fine notice procedure prior to issuing notice of the violation to the owner. 

An important aspect of the notice of violation, is “an opportunity to be heard”.    Both the Illinois Condominium Property Act and the Common Interest Community Association Act mandate that “notice and an opportunity to be heard” be granted to the accused unit owners BEFORE the issuance of a fine.  As previously stated, an association should consult with its own fine notice procedure regarding opportunity to be heard.  It is generally best practice to give an owner a certain amount of time to contact the association, or management company, in order to dispute the violation fine.  Another approach for an association is to set a hearing for any violation fine at the next regularly scheduled board meeting. 

Lastly,  an association needs to be aware of the fine amount.  Most associations’ rules and regulations contain what is referred to as a “fine schedule”.  Sometimes associations levy fines that do not comport with the fine schedule.   For example, if the rules and regulations state a warning letter is the first communication to be sent after the first rule violation, it will difficult for an association to justify levying a fine on the first violation.  As previously stated, this causes delay in collection since the fine amounts will need to be adjusted in accordance with the fine schedule. 

If your association has any questions about the fine levying process, or desires to update its rules and regulations regarding the fine process, please feel free to contact our office and one of our attorneys will be happy to assist you.

 

For condominium association boards looking for ways to enhance property values and market their community to potential new buyers, having the condominium association approved for FHA-backed loans is potentially one of the most effective ways a board can go about this.  In order for a buyer using an FHA-backed loan to purchase a unit within a condominium, the condominium association first needs to be approved by HUD.  HUD’s initial approval is good for a two (2) year period, and must be renewed every two (2) years or else it will expire.  With required down payments as low as 3.5%, some estimates show that more than half of all first-time home purchasers use FHA-backed loans.  Thus, condominium associations that are not FHA approved are potentially losing out on a significant pool of potential home buyers. 

Initially, to clarify some common misconceptions regarding FHA-backed loans, these are not related to Section 8 or any type of low-income government subsidized housing program.  Rather, an FHA-backed loan is a loan given by a private lender that is insured by the federal government.  In some cases, FHA-backed loans can be used to purchase condominium units with a purchase price of over $400,000, and therefore these loans could potentially be used to purchase a high percentage of the condominium units available within the Chicagoland area. 

From a marketing standpoint, there are a number of potential benefits for a condominium association that come with being approved for FHA-backed loans.  FHA approval for condominium associations is only granted for a two (2) year period and must be renewed after that.  In determining whether or not to grant FHA approval to an association, HUD reviews certain association financial documents, delinquency information, owner occupancy rates, reserve contributions, and insurance information (among other items), and determines whether or not the association meets HUD’s minimum requirements for each of these items.  Associations that desire to remain FHA approved must go through this process every two (2) years.  Thus, receiving FHA approval can allow an association to market itself as having gone through HUD’s review process and having met HUD’s requirements.  This can also allow the association to potentially distinguish itself from neighboring associations that either have not gone through this process or have been deemed by HUD to not meet all of HUD’s requirements for FHA approval.

Another potential marketing benefit of being FHA approved is that this could allow an association to attract more buyers desiring to live within the community as opposed to investor owners.  FHA-backed loans are designed for home buyers who are looking to purchase the home as their primary residence.  In most cases, FHA-backed loans are not available for buyers desiring to purchase the home as an investment property.  Thus, being FHA approved may open an association up to a potential pool of buyers that are for the most part looking to buy a home to live in instead of rent out.

Furthermore, having an association approved for FHA-backed loans is a requirement for an owner within the association to obtain a FHA reverse mortgage (HECM).  Reverse mortgages have become a popular financial tool for some retirement-age home owners.  Therefore, whether or not an association is FHA approved could be a major factor for prospective buyers considering this reverse mortgage option in the future.

There are potentially other benefits to a condominium association being FHA approved as well, which is why many condominium association boards explore this option for their associations.  If your condominium association is considering applying for FHA approval or renewal of a current FHA approval and would like assistance with this process, please feel free to contact our office and one of our attorneys would be happy to assist you.

This article is being provided for informational purposes only.  This article does not constitute legal advice on the part of Keay & Costello, P.C. or any of its attorneys.  No association, board member or any other individual or entity should rely on this article as a basis for any action or actions.  If you would like legal advice regarding any of the topics discussed in this article and/or recommended procedures for your association going forward, please contact our office. 

 

DOES YOUR ASSOCIATION NEED AN ENERGY POLICY STATEMENT?

In the recent months, a handful of Association clients have required assistance with homeowners requesting for the installation of solar collector systems (i.e. solar panels) on roofs. Under the Homeowners’ Energy Policy Statement Act (“Act”) (765 ILCS 165/ eq. seq), condominium, homeowner, and common interest community associations are provided certain rights, but must also comply with some restrictions.

An Association’s governing documents cannot prohibit, or have the effect of prohibiting, the installation of solar energy systems within the community.  However, the Association can draft an “Energy Policy Statement” on the installation and use of solar collector systems to inform the homeowners with its policy on such installation and use. Although the Act labels this a “policy,” pursuant to Section 20 of the Act, the policy must be made a part of the declaration. Therefore, an amendment to the Association’s Declaration is required. This amendment does not require a homeowners’ vote.

Other important provisions of the Act that Associations should be aware of are: (1) the Association’s timeline to adopt its “energy policy statement”; and (2) the consequences of violating the Act.

(1)    Unlike the recent Condominium and Common Interest Community Ombudsperson Act, an association is not required to have its energy policy statement in effect by a specific date. Only upon a homeowner’s application for the installation of a solar energy system, or request for an energy policy statement, is the association required to amend its declaration to include the energy policy statement. From the date of such application or request, the association has one hundred and twenty (120) days to prepare the policy statement and amend its declaration accordingly. At such time, the policy must include the location, design and architectural requirements of the solar energy systems, and whether the association will permit wind energy collection, rain water collection and composting systems, and if so, the location, design, and architectural requirements of those systems. If an association only wishes to permit a solar collector system such as solar panels, the association should deny the installation of any wind energy collection, rain water collection and composting systems. This can be revised at a later date through an amendment.

(2)   If the association violates any provision of the Act, the association is liable to the homeowner/applicant/requestor for any actual and/or consequential damages such homeowner incurred. Further, if any litigation arising as a result of this Act, the prevailing party is entitled to its attorney’s fees and costs.

 

If your association needs an energy policy statement or your association has any questions concerning the Homeowners’ Energy Policy Statement Act, please contact Keay & Costello, P.C. for assistance.

 

 

 

DEADLINE APPROACHING FOR OMBUDSPERSON ACT – JANUARY 1, 2019

As stated in our “The Ombudsperson: 2016 Amendments and Updates” article, by Governor Rauner’s signing of Public Act 99-0776, several changes were made to the Condominium and Common Interest Community Ombudsperson Act (“Act”).

One of those changes requires all associations to adopt a written dispute resolution policy. Pursuant to the Act, all associations, including master associations, that are subject to the Condominium Property Act must adopt a policy. Similarly, any association subject to the Common Interest Community Association Act must adopt a policy.  However, associations exempt for the Common Interest Community Association Act do not need to adopt this policy.

The policy must be adopted on or before January 1, 2019 and the effective date of the policy must be no later than January 1, 2019. Any association established after January 1, 2019 shall have 180 days from date of establishment to adopt its written dispute resolution policy.

The policy is for resolving complaints submitted by the owners of the association. The policy must include a sample form for owners to submit their complaints, provide a description on how owners can submit the complaint to the association, provide a description of how the association will make its determination of the complaint, and how and when the association’s final determination for the complaint shall be given.

If your association has questions about whether it is required to adopt one of these written policies, the written policy itself, or would like assistance in preparing a written policy, please feel free to contact our office and one of our attorneys would be happy to assist you.

 

This article is being provided for informational purposes only.  This article does not constitute legal advice on the part of Keay & Costello, P.C. or any of its attorneys.  No association, board member or any other individual or entity should rely on this article as a basis for any action or actions.  If you would like legal advice regarding any of the topics discussed in this article and/or recommended procedures for your association going forward, please contact our office.