K.C. from Cook County, Illinois writes:
Dear Mister Condo,
Self-managed condo association refusing to fix leaking roof and gutter without downspouts that drain directly on to my wooden balcony now roof leaking is causing water to leak in between the walls also causing electrical issues. Ignored 3 requests from attorney for repairs and financials and no meetings except for 1 in past 3 years.
Mister Condo replies:
K.C., I am sorry that your condo association Board has decided to not play by the rules. Clearly, your governance documents require meetings more frequent than once every three years. There also need to Minutes kept from meetings and I am guessing those are missing as well. Two different approaches here. Letters from an attorney aren’t working but a lawsuit would require a response and may even provide you with injunctive relief. Speak with your attorney about such action. The larger issue here for you and your fellow owners is the absentee Board. If there are enough interested volunteers, you might consider a recall of the existing Board members via special meeting of the unit owners. Consult your governing documents on the proper way to do this. Clearly, the seated Board isn’t getting the job done and there is no reason to leave them in office. However, you do need to follow the rules for replacing them and you do need to have willing and able volunteers to replace them. Short of that, I wouldn’t expect anything to change. All the best!
You could consider asking your municipality or county, where there are officials who ensure a building is safe for occupancy. I’m aware of a condo complex, the town evacuated residents when there was a problem with a roof being installed, and a heavy storm caused rain water down inside of the building envelope, wetting electrical wiring, etc. Nobody was allowed back, until all electrical connections, panels, circuits had been checked by an electrician and certified safe. Of course, the complex had to fix the leaking/roof first, and it was an emergency $200,000 assessment as they had an uninsured roofer. Your situation may not be that bad, but it can be a fire hazard, you should have it checked for safety, the town may be able to give citations. And if it that dangerous, you should know.