A reader asks the Condo Adviser: Can a condo board arbitrarily change their policy and refuse to pay for drywall repairs emanating from a leak of the common elements?
The Condominium Act states that a condominium association shall have one class of membership.
A: Section 18 of the Condominium Act states that a condominium association shall have one class of membership; however, leasing restrictions via an amendment to declaration and by-laws have been repeatedly upheld by Illinois courts and courts in other states, thus, they do not violate the one class of membership requirement in the Condominium Act.
The board of directors cannot arbitrarily change the requirements for coverage of damages emanating from a common element contained in the Condominium Act or the association’s governing documents.
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