JULY 2019 | VOLUME 23 | NUMBER 2
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THE SOURCE FOR INFORMATION ON COMMUNITY ASSOCIATIONS, CONDOS, TOWNHOMES, CO-OPS & HOAS
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CASE STUDY:
THE TRANSFORMATION OF
CAROLSHIRE COMMONS F E A T U R E S...
HOARDERS, HAVOC AND HAZARDS:
Strategies for Handling a Hoarding Situation FINANCING CAPITAL PROJECTS
An Overview of Special Assessments TOP 10 WAYS FOR BOARDS TO INCREASE EFFECTIVENESS AND PRODUCTIVITY
MANAGER LICENSING UPDATE 2019 PROPERTY ASSESSED VALUES:
Hang On With Both Hands And Appeal!
Recreational Marijuana Use is Coming to Illinois... Now What? HEALTHY ROOFS STAND THE TEST OF TIME
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CONDO LIFESTYLES
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table of contents COVER STORY
03 CASE STUDY:
The Transformation of Carolshire Commons by Pamela Dittmer McKuen L E G A L U P D AT E
11 HOARDERS, HAVOC AND HAZARDS: Strategies for Handling a Hoarding Situation by Howard S. Dakoff, Esq., and Adam T. Kahn, Esq. M O N E Y M AT T E R
13 Financing Capital Projects by Diane White 15 Industry Happenings Compiled by Michael C. Davids & Sherri Iandolo 20 From the Editor 21 Directory Advertisements L E G A L U P D AT E
28 An Overview of Special Assessments by Joseph Scharnak BOARD BASICS
29 Top 10 Ways for Boards to Increase Effectiveness and Productivity by Salvatore Sciacca S P E C I A L F E AT U R E
32 Manager Licensing Update by Michael C. Davids 32 Industry Happenings L E G A L U P D AT E
33 Recreational Marijuana Use is Coming to Illinois... Now What? by Ben Rooney, M O N E Y M AT T E R S
35 2019 PROPERTY ASSESSED VALUES: Hang On With Both Hands And Appeal! by Matt Panush & Ed Wittenstein MAINTENANCE MEMOS
37 Healthy Roofs Stand the Test of Time by Jason Wilen
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COVER STORY
by Pamela Dittmer McKuen
The Transformation of Carolshire Commons Determination and a deluge of community spirit put blighted association on successful path
T
hree years ago, Carolshire Commons Condominium Association was in dire straits. Years of neglect left the Carol Stream community with an unsafe state of disrepair and an impending $3 million fine for code violations. The bank account was nearly depleted. Carolshire has since undergone a remarkable transformation, tremendously improving the quality of life for its residents and the financial stability of the association. It was a daunting task that required the unceasing efforts of a couple dozen dedicated owners, a team of top-flight industry professionals who guided the way, and the support
of Village officials who fervently wished the association to succeed.
THE PROBLEMS KEPT ON COMING Built in 1977, Carolshire is an enclave of 216 condominium units in 18 three-story brick buildings with flat roofs. About a decade ago, the association opted for self-management. The property was riding a downward slope of deferred maintenance when, in August 2010, one of the 18 full-height decorative entry canopies fell off a building. That event prompted intervention by the Village. “A bunch of bricks and rubble crashed to the ground,” recalls Don Bastian, Carol Stream’s Community Development Director.
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“This was like at 2 a.m. No one was injured, but on any other day, there could have been kids playing in the area. This obviously got our attention. We began a code enforcement initiative in the Carolshire property shortly thereafter. We brought in a consultant to do a comprehensive inspection program of all common areas of the complex, inside and outside.” The inspectors found 665 building, fire and safety code violations and other deficiencies. Among them were improperly working doors and hardware, broken windows, crumbling sidewalks and parking lot, damaged drywall, inoperable light fixtures and peeling paint. As a preventive measure, the remaining
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canopies had been removed, only to leave bare the unsightly cinder block construction behind them. All had to be replaced. When the board did not make satisfactory progress toward addressing the violations, the Village in September 2013 initiated a lawsuit. “We don’t file lawsuits against condominium associations very often,” Bastian says. “We can send courtesy notices and violation notices, and we can issue citations. If that doesn’t get the job done, the ultimate recourse
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is to file a lawsuit, and that’s what we did.” The lawsuit took two and a half years to wind through the courts. In March 2016, in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, the Village prevailed. The court issued a Consent Decree that mandated Carolshire correct the violations or pay a $3 million fine. The decree further prescribed a two-year timeline for abatement and mandated frequent progress meetings, inspections and reports. The association also had to
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pay the Village $70,000 in legal fees. Ouch. Carolshire’s then-board of managers had no choice but to sign the decree.
A RESOUNDING CALL FOR CHANGE A contingent of owners had become increasingly concerned about the unsafe environment and declining property values, and they felt strongly about the need for new leadership. They engaged in informal conversations with Paul Gioia, vice president at ACM Community Management in Downers Grove, and with Patrick Costello, association attorney and partner at Keay and Costello in Wheaton, to learn about the options and procedures. The contingent then undertook the tedious task of enlisting the support of their neighbors. The turning point came on April 28, 2016. That’s when Carolshire owners called a special meeting to remove the existing board members and install five new ones. The historic open meeting was attended by more than 100 homeowners; Carol Stream Mayor Frank Saverino, who flew back early from his Florida vacation; and other village officials including Bastian and Police Chief Ed Sailer. Also in attendance were Costello and Thomas Skweres, vice president at ACM Community Management. The meeting was peaceful and civil. “Everyone was there to support the owners,” Skweres says. “It was a show of collaboration and unity.” “There were a couple of people who protested, but it wasn’t substantial, and it didn’t last very long,” Costello recalls. One of the speakers that night was Mayor Saverino. The essence of his message was, “We want you to succeed, we’ll work with you, but we need to see some action.” With a new board in office, the real work began. Carolshire had $4,000 in the bank and more than $300,000 in unpaid bills and liens. It also had an astonishing $700,000 in unpaid assessments. Some owners hadn’t paid assessments in years. Roofs were failing, trees were dead, carpeting was tattered, and abandoned vehicles littered the dilapidated parking lot. Units were selling, if they could be sold, in the $20,000 to $25,000 range. Crime was high, and police calls were frequent. “The parking lot holds 400-plus vehicles,” Gioia says. “There wasn’t a clean piece of asphalt in the entire place. There were craters-you couldn’t call them potholes because your wheel could easily fall in. There was no
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COVER STORY
Y Before: often impassable parking lot, failed concrete curbs and walkways, consistent flooding.
speeding in the lot. You couldn’t.” “The new board inherited, to put it politely, a really big mess,” Bastian says. One of the new board’s first moves was to officially hire both ACM Community Management and Keay and Costello. As the point person for, well, everything, Gioia lived and breathed Carolshire. Before joining ACM Community Management a decade ago, he held executive positions with
Y After: new lot from ground up, new concrete curbs and walkways, no flooding.
Aimco apartment management and Budget Car Rental. His resume is rich with experience in acquisitions and turnarounds. “I was going to do it for probably six months,” he says. “It took a year and a half.”
THE CAROLSHIRE TEAM GETS ORGANIZED The first challenge was acquiring--or assembling some facsimile thereof--the asso-
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ciation’s books and records, most of which were either in disarray or nonexistent. The new Board, it’s attorney, and management had to locate bank accounts, contracts and policies, and to figure out who owed money and who needed to be paid--and how much. Even constructing a list of owners and their account balances was painstaking. “It was important to make sure we had the right information,” Costello says. “Every-
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Y Before: missing canopies, unmaintained balconies and worn paint.
body had a different story about ‘I paid this’ or ‘The prior manager said I didn’t have to pay.’” Delinquent accounts were turned over to Keay and Costello for collection. Carolshire took possession of about a dozen units as permitted under the Illinois Forcible Entry and Detainer Act, and they rented them out. “We as a company are good at collections,” Gioia says. “We don’t use the word ‘aggressive.’ There is no need to be aggressive.
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Y After: new canopies, refurbished balconies and fresh paint.
You have to be consistent, and you do it every month, day in and day out.” Carolshire board members worked sideby-side with the professionals, Gioia and Costello note. “The board worked tirelessly,” Gioia says. “These folks took all types of responsibilities. They would collect the rents and make sure the money got into the association’s account.” “They had a group of people willing to
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do all the legwork and willing to do the hard work,” Costello says. “They knew people stood to lose their investments.” Gioia also logged long hours lining up contractors and getting bids for the repairs and remediation projects required by the Consent Decree. The numbers mounted higher and higher until they reached a staggering million dollars-plus. “There weren’t a lot of banks running to
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COVER STORY
lend money to this association,” Skweres says. “Paul had to convince them there was some benefit to getting involved.” In February 2017, Gioia approached Mark Stelter, vice president and commercial loan officer at Itasca Bank and Trust, about a loan. Gioia had already been turned down by several other lenders. “They were all polite, but responded no, no way actually” Gioia says. “To begin with, we had 60 percent landlords. We also had maybe six months’ worth of financials. The previous records were like on a napkin. I can understand the banks’ position, but our six months were very strong. We had accumulated cash very quickly. We had $200,000 in reserves, and we had a good business plan.” Fortunately for Carolshire, Stelter and Itasca Bank saw beyond the blemishes. “I never felt Carolshire was a stretch,” Stelter says. “Different lenders have different standards, although we all look at the same things--delinquency rates, reserve balances, cash flow, whether the association is professionally managed and so on. From an analysis
perspective, we didn’t have any issues with the reserve balance or with their ability to generate sufficient cash to make payments.” A major selling point was the professional reputation of ACM Community Management and Gioia’s dayto-day involvement, he said. “Paul knew the property very well,” Stelter says. “He explained what the issues were, and, more important, he said, ‘Here’s our plan, and this is how we are going to get them out of it.’ You always want a wellPlayground and family gathering area nearing completion. established management firm, and Paul is a seasoned manager. If Paul said there Itasca’s Community Reinvestment Act (CRA) was a plan and he was the man in charge of it, area, he says. I had a lot of confidence.” A more significant issue was the Other positive factors were the Village’s remaining assessment delinquencies. But rigid oversight and Carolshire’s location in when closer examination showed only a small
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CONDO LIFESTYLES
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COVER STORY
group of owners with large balances, Stelter was comfortable. After weighing all the variables, Itasca Bank advanced Carolshire $1.25 million in the form of a one-year line of credit that converted to a 10-year term loan. The interest rate was the same for any other association. “I really appreciate what Itasca Bank did for us,” Gioia says. “This never would have happened without a loan--or a huge special assessment, which would have been a nightmare.” “They have been as good a client as we could have asked for,” Stelter says. “We get their financial statements, and they are in compliance with everything, their delinquencies are acceptable, and their reserve balance continues to grow.”
FROM 665 VIOLATIONS TO ZERO With money in hand, the Carolshire team tackled the massive to-do list. Over a two-year period, they whittled down the 665 violations, and they made many additional aesthetic improvements as well. That doesn’t mean there weren’t any rough patches.
The biggest and most costly project at almost $900,000 was replacement of the parking lot, which included curbs and ADAcompliant access. The work, done by Aurorabased Abbey, was divided into three phases. When the bids came in much higher than expected, the original starting date was delayed by several weeks while the specifications were reworked for cost savings. As one example, recycling the existing stone and asphalt--rather than trucking old material out and trucking new material in--reduced the project cost by $250,000. Phase 1 was completed without a delay despite a small amount of storm water piping replacement due to an unforeseen collapsed pipe. Phase 2 was moving along nicely until the discovery of a significant amount of collapsed storm water piping, resulting in $16,000 of additional work and a 10-day delay. Even worse, 14 inches of rain during a 3-day period prior to the scheduled asphalt placement left the base and subsurface
unsuitable to support the asphalt layer. The solution was to hire an additional contractor for $40,000 to mix a concrete additive in the base to dry out the soil and turn the base into a rock-hard material. Phase 3 was postponed until after the next rainy season. It was completed in 2018. After the parking lot was finished, the association--which previously had open parking--issued resident parking permits and implemented a towing policy. These changes eliminated vehicles that had been abandoned and those belonging to non-residents. They also contributed to crime reduction. In addition to Abbey, a wide variety of vendors and contractors such as plumbers, electricians, roofers, landscapers and construction related companies worked at Carolshire. “An average of five vendors competed in a competitive bidding process for each project,” Gioia says. “The vendors did excellent work in a timely manner.” Since March 2016, when the Consent Decree was handed down, Carolshire’s accom-
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plishments have been huge. Among the highlights: • 97 percent of owners are paying their assessments on time; • No special assessment was levied; • The association’s loan is being repaid from regular assessment income; • Assessment amounts have been decreased 17 percent since 2016; • Home values have escalated to between $70,000 and $95,000; • Owner occupancy is slowly increasing; • Monthly rental rates have risen 20 percent to 30 percent; • The association has over $500,000 in its bank accounts; • Police calls for service and major crimes decreased by 50 percent.
A SHOW OF GOOD NEIGHBORS In January 2019, the Village returned to the Circuit Court--this time for the purpose of dismissing the Consent Decree and potential $3 million fine.
“We never wanted the money,” Saverino says. “We wanted them to fix up their property and make the quality of life for the people who live there better.” Later that month, Mayor Saverino and the Village Board went a step further. They issued a Proclamation that reads in part, “The Carolshire Commons Condominium Association Board is hereby recognized for its efforts in developing a positive relationship with the Village, for improving the quality of life for its residents, and for becoming a good neighbor and an asset to the Village of Carol Stream.” The Village also gave the association a small parcel of adjacent land, which the Carol Stream Park District is developing into a landscaped playground and picnic area. It’s a new community amenity that wouldn’t have happened if the association hadn’t re-invented itself. The pressure is off, but Carolshire isn’t stopping. There are roofs to replace, facade work to do, hallways to decorate and more landscaping to spiff. The reserve fund must be kept healthy to pay for these projects and for
future needs. It’s just the normal stuff that associations deal with every day, Gioia says. For Carolshire, “normal” is a very good place to be. “We are very happy with the results,” Bastian says. “They’ve come full circle from us having to monitor them to now when we point to their complex as a great example of how things can be done correctly and proactively. Certainly, the image and appearance of the neighborhood is incredibly transformed.” In Gioia’s view, the turnaround took a village. Literally. He credits the board, supportive homeowners, contractors and vendors, fire and police departments as well as Carol Stream’s leadership. “It all goes back to the mayor,” he says. “His entire thrust is ‘It’s all about the people.’” “I’m a big believer in working together,” Mayor Saverino says. “We get a lot more done by working together. What we did was help people who needed to be helped.” Y
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L E G A L U P D AT E
by Howard S. Dakoff, Esq., and Adam T. Kahn, Esq. of Levenfeld Pearlstein, LLC
HOARDERS, HAVOC AND HAZARDS:
Strategies for Handling a Hoarding Situation Residents hoarding in their unit is an unfortunate situation that occasionally occurs in condominium associations. Hoarding poses a safety and/or health risk to the entire community, including the affected resident.
T
he solution—cleaning out the unit— seems simple; however, getting to that point can be complicated and time-consuming even for the most compassionate and wellmeaning boards due to hoarders’ resistance to cooperate because of their illness. This article discusses strategies and recommendations for effectively handling a hoarding situation in a condominium. Hoarding extends beyond everyday clutter. The 2013 Diagnostic and Statistical Manual of Mental Disorders (DSM-5) lists ‘hoarding disorder’ as a distinct mental illness and characterizes it as
“persistent difficulty discarding or parting with possessions, regardless of their actual value”. The over-accumulation of personal items in a condominium unit commonly attracts pests, causes foul odors to emanate from the unit, and presents a life-safety fire hazard to all residents. It is therefore incumbent on condominium boards to be proactive in dealing with this type of situation. Early identification of a hoarding situation can be difficult, as detection usually occurs only once the situation has become sufficiently severe (e.g., foul odors emanating from the unit, a pest infesta-
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tion, etc.) or by accidental discovery. Once a hoarding issue is identified, the board and management are tasked with resolving the issue. This can be difficult, as persons suffering from hoarding disorder are often unwilling to cooperate and clean out their units. While each situation is unique, the following steps are a general outline to assist boards to effectively handle a hoarding condition in a unit: 1. Document the Issue: Detailed written records of all complaints, such as foul odor emanating from the unit or a pest infestation, should be kept. This will help foster early detection of hoarding issues and will be needed if legal action becomes necessary. Written complaints can also be the basis for levying a fine for noxious and offensive conduct in a unit (a common use prohibition in condominium declarations) per Section 18.4(l) of the Illinois Condominium Property Act (the “Act”) which per-
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mits a board, after notice and an opportunity to be heard, to levy reasonable fines; however, fining alone is unlikely to cause a hoarder to voluntarily change their behavior. Fines are routinely used if there is no voluntary cooperation after step 2 below is attempted.
2. Contact the Unit Owner and their Family: The board or management (if the association is professionally managed) should send a letter to the unit owner identifying the problem and directing that the unit be cleaned by a certain date (e.g., within 10 days) or the association will exercise its rights under applicable law and the association’s governing documents to resolve
the issue. If the unit is occupied by a hoarding tenant, the unit owner of the unit at issue should still be contacted because they have a vested interest in making sure that their unit does not fall into a state of disrepair and may even be able to assist in resolving the issue. Additionally, working with caring family members can be effective to obtain compliance. For example, the unit owner may provide contact information for a friend or family member of the afflicted resident who may help clean the unit or coordinate to have the unit professionally cleaned if necessary. As a courtesy, the board or management may also contact a local
service agency, call / meet with the resident before sending the letter demanding that the unit be cleaned out or recommend vendors that specialize in cleaning out units; however, as noted above, voluntary cooperation can be difficult to obtain.
3. Engage Legal Counsel to Gain Access to the Unit: If the resident refuses to voluntarily clean their unit (or if the situation is sufficiently severe to warrant skipping the step of seeking voluntary compliance), the next step is to engage the association’s legal counsel to enforce association remedies. Possible remedies include (a) issuing a demand letter to obtain access to the unit pursuant to Section 18.4 of the Act to have the unit cleaned out; and (b) if the situation is not resolved, filing a declaratory lawsuit to obtain a court order for access to the unit to have it cleaned out or require that the resident clean out the unit by a date certain.
4. Hire a Professional to Clean the Unit: Once access to the unit is obtained - either voluntarily or involuntarily via court order -, a professional cleaning service should be engaged to clean out the unit. Pictures of the condition of the unit should be taken before any cleaning is done in case a dispute arises after cleaning is complete. Most condominium declarations provide that the costs for cleaning out units will be charged back to the unit owner, but the association’s governing documents should be reviewed to confirm. While resident hoarding issues pose a difficult challenge to condominium boards and management alike, the steps outlined above can help effectively address the issue while avoiding undue delay or headaches, especially as the situation is unlikely to go away on its own and, if left unchecked, may even worsen over time. Board members should be mindful that hoarding disorder is a mental illness and should rely on the association’s professionals to assist with resolving a hoarding situation. The above recommendations are intended to highlight common strategies for effectively handling a hoarding issue but are not an exhaustive list of all available remedies. Y
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M O N E Y M AT T E R S
by Diane White, Alliance Association Bank
Financing Capital Projects Large-scale capital projects can be challenging enough for associations, but arguably one of the most stressful components for volunteer boards is figuring out how to finance a project when there hasn’t been enough reserve money saved to cover the costs.
L
arge assessment increases or taking on debt may seem daunting, but with careful planning and a firm understanding of the process, boards can minimize the burden for themselves and their community. An alternative to funding large-scale capital improvements with cash reserves is to contract a loan with a bank specializing in association lending. Utilizing financing is a good way to spread the cost of common area improvements over time and equitably distribute the cost to those who are actually benefitting from them (i.e., both current and future community members). For example, if a capital improvement project is financed, an owner who sells his or her home a few years after
completion of the project may only end up paying for a portion of the cost, with the new owner picking up where the prior owner left off and sharing in the remaining cost. It also affords the association the ability to offer owners the option to pay their portion of the project cost up-front or to participate in the lending program. In this manner those who considered themselves long-term residents would have the option of avoiding interest costs. For those communities considering utilizing a financing program, the following overview provides a basic game plan for undertaking such a task.
First Step The board’s first step should be contacting the association’s management company (if any) and/or attorney to determine the process for obtaining the necessary approval to enter into a loan and how the association will repay the loan. Once the association’s ability to enter into a loan agreement is confirmed, the association needs to determine what means will be used to repay the loan. For smaller loans, an increase in regular monthly assessments may be a feasible way to make loan payments. For larger loans, the board could adopt a special assessment allowing each owner to either pay up front or participate in the loan program. In either case, board or homeowner approval(s) is necessary to implement the desired repayment structure must be considered. Moreover, the board should carefully plan and communicate the repayment options
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with the owners, who will (rightfully) want to know: (1) how much their individual repayment portions will be on a monthly basis, and (2) when the payments will begin. The board should appreciate that, just like it must plan the financing for the association, individuals (especially those on a fixed-income) will also have to plan their own financing accordingly, which could include liquidating their own personal assets, raiding their savings, or taking out a home equity line of credit to keep up with their payments.
tions, as projects coming in under budget will require less money drawn on the line of credit and, accordingly, less interest paid. Upon expiration or at construction end, the line will be converted to a fully amortizing term loan. A typical term loan will be from five to fifteen years in length. It is important that the loan length not exceed the useful life of the improvements being financed. Alternatively, if the project is short-term or small in size, it may make sense to forego the draw period and enter into a term loan immediately.
Collateral
Metrics to Gauge Credit Risk
Generally, the bank’s primary security for these loans will be an assignment of the association’s assessments. This means that the association will pledge its ability to implement, collect and enforce future assessments as collateral for the loan. No mortgage interest is taken in anyone’s property and no unit owner is personally liable for the loan. In a default scenario (which is nearly unprecedented), what would change to the unit owner, is who would be controlling the budgeting and collection process (i.e. the lending bank).
When a bank evaluates a loan request, it uses some key metrics to gauge the credit risk of the association. The following are some factors that a bank may consider during the underwriting process.
Second Step
2.) Liquidity a. Amount of cash in the association’s operating and reserve accounts as a percentage of annual assessments and annual debt service. b. Many banks have a minimum liquidity requirement of 20% of the association’s annual assessments. i. Strong credit – Liquidity levels greater than 50% and at least one year of debt service payments.
The second step is determining the right financing option (i.e. how the loan will be repaid), which is a discussion best had with a financial institution specializing in association lending. When applying for a loan, banks will want to know the type of loan and term being sought. For large lengthy projects there will most likely be the option of entering into a non-revolving line of credit during the construction period, which are typically six to twenty-four months with interest-only payments made exclusively on the amount drawn. This can be an attractive option for associa-
1.) Delinquency a. Number of accounts and total amount of delinquencies. b. Many banks have a maximum rate of 10% for number of units aged 60+ days. i. Strong credit – Delinquency rate less than 5%.
3.) Size a. More units/homes provide a diversified cash flow stream.
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4.) Assessment Increase a. Large increases may cause delinquencies to rise. i. Strong credit – Increase of less than 25%. ii. If a large increase is necessary, implementing it before applying for the loan can mitigate risk. 5.) Annual Assessments/Market Value a. Annual assessments should not be greater than 10% of the unit value. i. Strong credit – Annual assessments less than 2% of market value. 6.) Owner Occupancy and Concentration a. A high % of investors not living in their respective units is considered riskier. i. Strong credit – Over 80% owner-occupied; multiple unit owners control less than 10% of the units. ii. Weak credit – Less than 60% owneroccupied; multiple unit owners control greater than 20% of the units. 7.) Management and Capital Planning a. Strong external professional management company with experience in managing similar projects is desirable. b. Professional reserve study that is at least partially funded indicates prudent financial planning.
Final Step The final step in the process, after the board has developed its “financing game plan” with its lender, management (if any) and attorney, is to formally implement the financing at an open meeting of the association. The implementation process can include a meeting to raise assessments, adopt a special assessment, and/or resolving to enter into a loan, or a combination of all of the above. It is best to rely on the association’s management and attorney during this stage. According to attorney Nicholas Bartzen of Altus Legal, “the last thing the board would want to see is all its hard work of planning and consulting experts scuttled as a result of a legal misstep with the approval of the work. Such a misstep could result in the board having to begin the process again from scratch or, at worst, expose the association to liability in a lawsuit for failure to follow the procedures of its governing documents or relevant state law.” Y
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INDUSTRY HAPPENINGS
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Associa Chicagoland
Cathy Ryan, President of Property Specialists, Inc. was recently awarded the Patriotic Employer Award. Kayla Brooks, Senior Airman Brooks, nominated Ryan and PSI for supporting her during her military service to the Department of Defense by submitting an essay that detailed their support.
Associa Chicagoland hosted a client appreciation casino night to celebrate clients, network, and help raise money for Associa’s national non-profit, Associa Cares.
Y Pictured here is Senior Airman Kayla Brooks with Cathy Ryan of Property Specialists, Inc. The Patriotic Employer Award is one of a series of awards presented by the U.S. Department of Defense and ESGR. The award reflects the efforts made to support citizen warriors through a wide-range of measures including flexible schedules, time off prior to and after deployment, caring for families, and granting leaves of absence if needed. ESGR, a Department of Defense program, was established in 1972.
(below are excerpts from Brooks' essay): "When I was chosen to go to Germany for a special trip, she never complained that they would be short staffed. When I was sent to Puerto Rico to help with Hurricane Maria, I literally had no notice and left the next day. When I called to let her know what was going on, she wished me luck, sent a company wide email asking everyone to keep me in their prayers. Upon my return, I was able to surprise my mother (who also works with Cathy). I would not have been able to pull off such a wonderful surprise without her. My brother is also active duty military Air Force, and when she found out that they were charging more than double to fly him home at the holidays during his Tech School, she presented my family with a check to pay for the airfare to get him home. It was truly a wonderful moment to be surprised at a full company outing and have her make sure that military and her staff’s employees and their families come first. When I made the difficult decision to leave PSI and work as a full-time employee for the Guard on my base, she completely understood and supported my decision to move."
No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2019©.
The event highlighted the tremendous teamwork between Associa Chicagoland employees and board mem- Y Shown here is the Associa Chicagoland Team bers, residents, and vendors. Their collaborative effort extended beyond excellent service and management to poker tables, hors d’oeuvres, door prizes, and a silent auction—all located in the beautiful Meridian Banquet and Conference Center in Rolling Meadows, IL. The event was a hit with more than 350 people—including valued business partners, board member clients, and Associa management and leadership attending. Associa Chicagoland raised more than $5,300 to help residents that have been affected by natural and man-made disasters. “Casino night is a great example of how the community and industry can come together to extol excellent management and altruistically raise charitable support for those in need,” stated Stephanie Skelley, Associa Chicagoland president. “I am proud that we raised over $5,300 for Associa Cares while also celebrating our wonderful clients.” Associa Cares funds are distributed to families of Associa-managed and non-Associa managed communities. Associa Cares is a national nonprofit 501(c)(3) organization created to assist families and communities in crisis as a result of natural and man-made disasters. Through donations raised from Associa employees and at fundraising events across the country, Associa Cares is able to provide necessary goods and services to the families affected by these types of tragedies.
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INDUSTRY HAPPENINGS
Woodland Windows and Doors 50 years in business only happens when you focus on customer service. That’s been their priority at Woodland Windows and Doors since the beginning. “Our grandfather who founded Woodland in 1969 always said, if you take care of the customer, the customer will take care of you”, said Phillip Mariotti, HOA Sales Manager. No truer words, particularly in today’s crazy world of choices, offers, and competitors. In the end, for Woodland, it’s about relationships, which are earned every day. Woodland’s multi-family division has focused on building a solid business to serve Homeowner Associations (HOAs) and homeowners by constantly improving their systems and capabilities to deliver a seamless customer experience. “We’ve built a team that is focused on the unique needs of HOA communities,” said Mariotti. “We take an active role in the architectural review process, partnering with homeowners to help them submit the required documents. Over these many years, we can say we’re one of the “go-to-resources” for HOA window and door replacement in the Chicagoland area,” said Mariotti. The family-owned company long ago founded by John and Ann Mariotti at the corner of Lake Street and Gary Avenue in Roselle was originally called the Woodland Lumber Company and specialized in selling millwork and doors, along with firewood and railroad ties to make ends meet. When builders began requesting windows, the company became known as the “Little House with
I N D U S T RY H A P P E N I N G S
the Doors of Many Colors”. By the 1990s the company expanded its product offerings and became Woodland. Having outgrown its original facilities, a 14,000 square foot building was constructed to accommodate the growing company, including a 6,000-square-foot showroom where John and Ann officially handed the reigns of the company to their three sons. Today, the brothers are joined in business by the next generation. Woodland offers many of the most well-known brands in the industry including Marvin, Andersen, Pella, Provia and Therma-Tru. Their crew of 20 full-time ‘employee’ installers bring years of experience to condominium window and door installation. Over the years Woodland has completed projects for more than 280 different HOAs, including several complete building window and door replacement projects and that number keeps growing.
Y Shown here is the current showroom and offices.
“Our mission is to serve our customers with professionalism and integrity, from the beginning to the end of their project, using the experience and knowledge acquired since we started in 1969 in the millwork and installation industry,” said Mariotti.
No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2019©.
? Y Shown here is the original showroom.
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CONDO LIFESTYLES
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CONDO LIFESTYLES
I N D U S T RY H A P P E N I N G S
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“The Habitat Company, with deep roots in Chicago condominium management is reaffirming its strong commitment to its current clients and looking forward to serving the needs of future clients.�
The Habitat Company The Habitat Company recently announced that David Barnhart has been named Vice president of their condominium division. Mr. Barnhart is responsible for direction, oversight and growth of The Habitat Company's condominium management division. Dave brings more than 30 years of professional real estate management experience to his work with Habitat. Dave has recently served as Vice President and Senior Property Supervisor for a team of property supervisors and personally oversaw a portfolio of more than 7,000 units representing a variety of properties of large and small-scale urban luxury residences along Chicago’s lakefront. This ranged from an iconic twin-tower 896-unit high rise community to a 16-acre urban homeowner association to a vintage 11-unit cooperative in Chicago’s famed Gold Coast. Dave attended the School of Business and Administration of Duquesne University, holds both Illinois Broker and Illinois Community Association Manager licenses and has received multiple awards and designations for his achievements in the management industry. He earned the Professional Community Association Manager (PCAM) designation from the Community Associations Institute (CAI) and secured CAI’s prestigious Accredited Association Management Company (AAMC) designation for a previous firm. Dave’s past experiences include serving as an officer of three accredited management organizations and he directed the condominium and cooperative sales division of a prior firm, securing mem-
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CONDO LIFESTYLES
Shruti Kumar was recently named a Regional Manager for The Habitat Company’s Condominium division. With over 16 years of experience in Property Management, Shruti brings her strong financial reporting and good people management skills to her position at Habitat.
Y David Barnhart
Y Shruti Kumar
bership in Andron Epiphinon Fraternity Society of Excellence for shattering year-over-year sales achievements. Dave has also worked as a commercial real estate broker for a leading Chicago brokerage firm focusing on land development, office, retail and apartment building transactions. Dave’s love for Chicago is apparent in where he chooses to live – in the heart of the Chicago Loop. Mr. Barnhart added, “This year, we have seen more change in the Chicago condominium management landscape than has ever been. That change is not yet complete. Management companies are evolving and shifting so key management personnel are realigning as a reflection of that movement. As a result of that, condominium association(s) are re-analyzing their needs as companies and people change.�
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Prior to joining Habitat, Shruti served as an Assistant Vice President and Property Supervisor, where she oversaw operations of a portfolio of more than 2,000 units. The buildings ranged from high rises in Lincoln Park to small boutique buildings in Gold Coast such as the Playboy Mansion. In regards to Shruti’s industry affiliations and accolades, Shruti currently serves as a director on the ABOMA board (Apartment Building Owners and Managers’ Association), and volunteers on ABOMA’s Event Planning Committee. Shruti previously acted as Secretary for the Institute of Real Estate Management (IREM) Chicago Chapter’s Executive Council in 2017 and was the recipient of the CPM of the Year award for Chicago area in 2016. Shruti holds a Master’s degree in Human Development from Mysore University, India, and is a Certified Property Manager through IREM. When Shruti isn’t working, she loves volunteering with charitable organizations like the Community Humanitarian Committee, playing with her beautiful dog Meli, and traveling the world.
No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2019Š.
INDUSTRY HAPPENINGS
AAA Painting Contractors AAA Painting Contractors is proud to announce its 30th anniversary as one of Chicagoland’s premier commercial painting and construction firms. Offering a full scope of construction and painting services, AAA Painting provides services to over 150 properties annually, including professionally managed commercial and multi-family properties. Mark Youngberg, President, remarked: “AAA could not have stayed in business for 30 years without our great, loyal, repeat customers. Approximately 70% of our projects annually come from clients we have serviced in the past. We don’t take those relationships for granted. AAA has to earn their business on every project. If we continue to be friendly, prompt and reliable, AAA will be around for another 30 years!” AAA Painting operates from two locations in Wheaton and West Chicago. In addition to their large regional presence, AAA is known for its high quality craftsmanship and unparalleled final inspection walks. “We are fortunate to have had the support of our community, employees and vendors for 30 years,” said Youngberg.
MCD Showcases the Races The annual MCD Showcases the Races event will be held on August 22nd, 2019 at Arlington International Racecourse. Last year, over 175 guests enjoyed a day at the races along with industry networking, resources and idea exchange. For
I N D U S T RY H A P P E N I N G S
ABOMA On June 20th ABOMA held a Continuing Education Seminar followed by a one-hour networking session at the East Bank Club in Chicago. ABOMA President Sheila Byrne served as moderator for the speaker/program which included • CAM License Update – Laurie Murphy, Deputy Director of Illinois Department of Professional Regulation • Billing Process and Benefits - SEIU Local 1 Health Pension and 401(k) Funds by Maria Pizzaro, Wilson-McShane and Kathleen Burke Horton, Employee Resource Systems • Employee Training - Janitorial and Door Staff mandatory and optional training by Tom Dobry - Executive Director. SEIU Local 1 Training Center • Employee Issues by Kevin D. Kelly Locke Lord LLP – ABOMA Labor Counsel
Y ABOMA President Sheila Bryne of The Habitat Company. The ABOMA 82st Annual Meeting, will be held at The University Club of Chicago, on Friday, December 6th, 2019. For more information visit www.aboma.com
• And a report on ABOMA Doorman Agreement Negotiations.
more information visit www.condolifestyles.net. You can view photos from past years MCD Showcases the Races events at Facebook.com/MCDMedia. For more information visit www.condolifestyles.net or call 630-932-5551.
No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2019©.
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CONDO LIFESTYLES
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CONDO LIFESTYLES
From the Editor
W
e experienced another very wet spring with several stretches where some rainfall occurred every day! This spring was also very cool until late June (just after offi-
cial summer), when it turned hot and stayed wet The rainy days wreaked havoc
CondoLifestyles
®
Y Mike Davids
on the scheduling of exterior work projects. Many contractors, managers and associations are still working feverishly to get caught up. Financial conditions remain good in most of the Chicago metropolitan area and low interest rates on mortgages have helped the real estate market to continue an upward trend. Home values here have improved for
JULY 2019 | VOLUME 23 | NUMBER 2
many, most notably in the “starter” home market.
Editor & Publisher Michael C. Davids
Our cover story is about Carolshire Commons and shows what a conscientious hard working board can ac-
Vice President Sherri Iandolo
olshire experienced tough times during and after the financial and mortgage crisis that began in 2007 and
Art Director Rick Dykhuis
conditions and a threatening legal situation from municipal code violations. The article tells their story on how
Special Events Coordinator Mary Knoll
complish when they team up with a professional management company and a group of quality vendors. Car2008. They eventually found themselves in a bad financial position with deteriorating building and property they successfully overcame their challenges by addressing their financial, legal and property maintenance issues, We commended everyone involved for their efforts and for sharing the story for others to learn from. Our second story is on the topic of hoarding and the perils that this condition can create in a community as-
Contributing Writers Pamela Dittmer McKuen, Jim Fizzell, David Mack, and Cathy Walker
sociation. This article offers several strategies that will help you deal with this subject if hoarding occurs at your property.
Circulation Arlene Wold
This edition also includes several articles on various legal issues that associations are currently facing. One ar-
Administration Cindy Jacob and Carol Iandolo
the new law that will legalize recreational use of cannibas on January 1, 2020. It’s important for your associa-
Condo Lifestyles Magazine is published quarterly by MCD Media, a wholly owned subsidiary MCD Marketing Associates, Inc. For editorial, advertising and subscription information contact: 935 Curtiss Street, Suite 1A, Downers Grove, IL 60515. 630-932-5551 or 630-202-3006. Circulation: Condo Lifestyles is available for a single issue price of $8.95 or at a $30.00 annual subscription. Distribution is direct mailing and delivery direct through authorized distributors to over 5,000 officers and directors of Common Interest Communities, 800 property managers, 400 realtors, 400 developers and 400 public officials. Total Circulation is 9,500.
ticle provides an overview of special assessments, while another aims to help you prepare for dealing with tion to have proper policies and procedures to deal with both of these topics. Property taxes are always a hot topic and we have an article on the current areas of focus in this regard including advice on how and when to challenge your property taxes. Another article that falls under our Money Matters column is on how to finance capital projects by obtaining a bank loan. Time is money and making the best use of your time and others’ time is important to everyone. An article in our Board Basics column offers ten great ways for Boards to increase their effectiveness and productivity. Inside this issue we again offer our regular Industry Happenings column and highlights from a variety of special events. An update on CAM Licensing can also be found in this issue. A noteworthy industry happening is that the Illinois Department of Finance and Professional Regulations intends to put forth legislation to renew the CAM Licensing Act that is set to sunset (expire) at the end of this year. Upcoming Special Events
Condo Lifestyles attempts to provide its readership with a wide range of information on community associations, and when appropriate, differing opinions on community association issues. All material herein is copyrighted 2019. No part of the publication may be reproduced whatsoever without written consent from the publisher. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is issued with the understanding that the publisher is not engaged in rendering legal or accounting services. If legal advice is required, services should be sought. Advertisers assume liability for all content of advertisements printed, and also assume personal liability for any claims arising therefrom against the publisher relating to advertising content. The publisher and editors reserve the right to reject advertising or editorial deemed inappropriate for the publication.
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CONDO LIFESTYLES
Upcoming MCD special events include a luncheon in the Million Room at Arlington International Racecourse on August 22 and our State of the Industry program on December 12th. If your association(s) has a special need or challenge, there will be a variety of experts specializing in community association issues including many members of our advisory board who will attend these events. MCD special events provide a terrific forum for association leaders to get questions answered, meet new vendors, share a story idea, or socialize with other volunteers and professionals. Thanks to the many new subscribers that have found our publication useful and informative. Special thanks to the firms, associations and groups that are Authorized Distributors of Condo Lifestyles. Those of you who are not current subscribers can find subscription information at www.condolifestyles.net We encourage you to take this opportunity to make your association and your community all it can be. If you have an idea that would benefit other Community Associations, a success story to share, or some advice on how to avoid a problem or failure, please call our office at 630-932-5551. You can also send us an e-mail (mdavids@condolifestyles.net). Y
Michael C. Davids Editor and Publisher
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No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2019©.
SERVICE DIRECTORY
ACCOUNTANTS
ARCHITECTS/ENGINEERS
ATTORNEYS
CANTEY ASSOCIATES, CPA’S (630) 681-9400
RICHARD M. FINK, JR. (847) 802-9197
CERVANTES, CHATT & PRINCE, P.C. (630) 326-4930 ext 202
ANNUAL ACCOUNTING SERVICES: Audits Reviews Compilations / Income Taxes MONTHLY SERVICES: Collection of Assessments Paying of Bills Monthly Financial Statements www.canteycpa.com
CONDO CPA (630) 832-2222 EXT 113 Contact Brad Schneider • Brad@CondoCPA.com
CERTIFIED PUBLIC ACCOUNTANTS Accounting Solutions for Management Companies & Self-Managed Associations Audit & Accounting Services Income Tax Reduction & Planning
CUKIERSKI & COCHRANE, LLC CERTIFIED PUBLIC ACCOUNTANTS
(847) 496-7180
A full-service accounting firm specializing in the unique needs of homeowners’ associations. www.ckwcpa.com
PBG FINANCIAL SERVICES LTD (847) 291-1400 EXT 353 Contact: Steve Silberman, CPA E-Mail: SSilberman@pbgltd.com www.pbgltd.com
ARCHITECTS/ENGINEERS BTL ARCHITECTS, INC. (312) 342-1858 Bringing Buildings Back to Life Contact Delph Gustitius www.btlarchitects.com
BUILDING TECHNOLOGY CONSULTANTS, INC. (847) 454-8800 Experts in Evaluating and Solving Building Problems ROOFING I WATERPROOFING | FACADES I PARKING GARAGES WINDOWS I RESERVE STUDIES I TRANSITION STUDIES info@btc.expert
KLEIN AND HOFFMAN (312) 251-1900 Architectural & Structural Engineering Solutions www.kleinandhoffman.com
No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2019©.
“We Specialize in Emergency Repairs” Architects • Research • Engineering Specifications • Reserve Studies Dick@RichardMFink.com
"Matching Legal Solutions to Real World Problems" Contact: Bob Prince www.ccpchicago.com
ENGINEERING SUPPORT SERVICES 630-904-9100
DICKLER, KAHN, SLOWIKOWSKI & ZAVELL, LTD. (847) 593-5595
Construction Specifications Roof Evaluations Forensic Engineering Project Management Contact Greg Lason, P.E. www.engineeringsupportservice.com
www.dicklerlaw.com
FULLETT SWANSON, P.C. (847) 259-5100 www.frapc.com
FULL CIRCLE ARCHITECTS, LLC (847) 432-7114 Daniel Baigelman, AIA dan@fullcirclearchitects.com Capital Improvements • Reserve Studies Engineering Reports www.fullcirclearchitects.com
KEOUGH & MOODY, P.C. (630) 369-2700 Legal Representation for Community Associations www.kmlegal.com
LAW OFFICES OF KEAY & COSTELLO (630) 690-6446
KELLERMEYER GODFRYT & HART, P.C. (847) 318-0033
pcostello@keaycostello.com www.keaycostello.com
Investigations and Repair Documents for: Exterior Walls, Windows, Roofs, and Parking Garages Condition Surveys and Reserve Studies www.kghpc.com
MUELLER AND ASSOCIATES STRUCTURAL CONSULTING ENGINEERS (312) 253-7322 Assessment Evaluation & Planning New Structure Design / Existing Structure Modification Building Envelope / Condition & Reserve Studies www.muellerandassociates.org
WALDMAN ENGINEERING CONSULTANTS (630) 922-3000
KOVITZ SHIFRIN NESBIT (855) 537-0500 Advising and Consulting with Business Owners, Community Association Law & Collection Services, Construction Defects, Real Estate Assessed Valuation Reduction, Litigation, Commercial Restructuring, Bankruptcy & Creditors' Rights, Real Estate, Business ,Estate Planning www.ksnlaw.com
LEVENFELD PEARLSTEIN, LLC (312) 476-7556 Howard Dakoff / hdakoff@lplegal.com www.lplegal.com
BALCONY REPAIR
www.waldmaneng.com
THE RESTORATION GROUP (630) 231-5700
FOR DISPLAY OR PROFESSIONAL SERVICES DIRECTORY ADVERTISING INFO, CALL (630) 202-3006
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24 HOURS
Structural Repair Services Balcony Repair/Replacement Stair Tower Repair/Replacement Fire and Water Response/Restoration dwells@trgrestore.com www.trgrestore.com CONDO LIFESTYLES
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CONDO LIFESTYLES
BALCONY REPAIR
BASEMENT WATERPROOFING
CONCRETE RAISING
THE REAL SEAL, LLC (847) 756-7987
CRC CONCRETE RAISING & REPAIR (847) 336-3400
THE PORCH PEOPLE (773) 325-0000 Repair of Porches, Decks and Balconies. www.theporchpeople.com
austinwerner@therealsealllc.com
We Save Concrete, You Save Money! www.SaveConcrete.com
BANKING
FIRE/FLOOD RESTORATION
CONSTRUCTION MATERIALS
ALLIANCE ASSOCIATION BANK (888) 734-4567
SERVPRO RESTORATION COMPANY (773) 337-3900 / SOUTH CHICAGO (847) 498-8889 / NORTHBROOK
HOME DEPOT PRO (331) 315-5467
Full service banking and lending solutions for management companies and associations. Contact: Diane White dwhite1@allianceassociationbank.com www.AllianceAssociationBank.com
WINTRUST COMMUNITY ADVANTAGE (847) 304-5940
Fire/Flood Restoration, Mold Remediation & BioHazard Removal Services www.servpronorthbrookwheelingglencoe.com www.servproevergreenparksouthchicagocity.com
BUILDING RESTORATIONS
Loans, Reserve Investments & Lock Box Services www.communityadvantage.com
HOLTON BROTHERS, INC. (847) 253-3886 TEL / (847) 253-3255 FAX
INLAND BANK & TRUST (630) 908-6708
Masonry Repair Services, Tuckpointing, Caulking and Concrete Restoration John@holtonbrothers.com www.holtonbrothers.com
Commercial Lending and Community Association Loan Program
LMC CONSTRUCTION 708-714-4175
Contact: Timothy J. Haviland, CMCA www.inlandbank.com
Masonry Concrete General Contracting Roofing www.LMCTeam.com
ITASCA BANK & TRUST (630) 773-0350
DAKOTA EVANS RESTORATION, INC. (847) 439-5367
“Together We’ll Shape the Future” www.itascabank.com
MUTUAL OF OMAHA BANK (866) 800-4656 HOA Banking • Internet Cash Management HOA Loans • Online Payment Services www.mutualofomahabank.com
SEACOAST COMMERCE BANK 331-305-0869 Full Service Banking and Lending Services Specializing in Homeowner Association & Property Management Solutions
Tuckpointing ~ Masonry Repairs Waterproofing ~ Terra Cotta Repairs Caulking & Sealants ~ Structual Repairs Cleaning ~ Balcony Restoration Concrete Restoration www.dakotaevans.com
DOOR SYSTEMS ASSA ABLOY ENTRANCE SYSTEMS 1-800-THE-DOOR PEDESTRIAN DOORS / REVOLVING DOORS SECTIONAL DOORS / STEEL ROLLUP DOORS / FIRE DOORS HIGH SPEED DOORS / DOCK LEVELERS www.doorsystems.com
WOODLAND WINDOWS & DOORS (630) 529-DOOR (3667) Window and Related Masonry Interior & Exterior Doors | Siding & Gutters
www.woodlandwindows.com
DUCT CLEANING AIRROOT 847-895-9550 NADCA Certified Duct Cleaning Company www.airroot.com
ECO AIRDUCTS 708-530-1986
F (773) 774-5660 Contact: Tom Laird tlaird@lscontracting.com www.lscontracting.com
Full Service Cleaning AirDucts, Trash Chutes & Dryer Vents www.ecoairducts.com
QUALITY RESTORATIONS (630) 595-0990
ELEVATORS/CONSULTANTS SUBURBAN ELEVATOR CO. (847) 743-6200
FOR DISPLAY OR PROFESSIONAL SERVICES DIRECTORY ADVERTISING INFO, CALL (630) 202-3006
CONDO LIFESTYLES
DOORS
LS CONTRACTING GROUP, INC. T (773) 774-1122
rrowley@sccombank.com www.sccombank.com
22
Ask me how you can qualify for our white glove concierge service & volume pricing Kathy Sulem Katheryn_Sulem@homedepot.com
W. J. MCGUIRE COMPANY (847) 272-3330 Tuckpointing, Caulking, Masonry and Concrete Restoration
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Simplifying Vertical Transportation Contact: Max Molinaro www.suburbanelevator.com
No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2019©.
SERVICE DIRECTORY
ENERGY SOLUTIONS
FIRE/FLOOD RESTORATION
FIRE SAFETY & PROTECTION
CENTERPOINT ENERGY (630) 795-2594
PERFECTION PROPERTY RESTORATION (877) 962-9644
USA FIRE PROTECTION (224) 433-5724
Natural Gas & Electric Energy Reliable Service. People You Trust. Contact: Vickie Farina Vickie.Farina@centerpointenergy.com www.CenterPointEnergy.com/CES
courtneyschmidt@callperfection.com www.callperfection.com
INSTALLATION | INSPECTION | TESTING | MAINTEnance
RAINBOW INTERNATIONAL RESTORATION (708) 460-0911
ENGINEERS / CONSULTANTS
www.rainbowrestore.net
ELARA ENGINEERING 708-236-0300
THE RESTORATION GROUP, LLC (630) 870-0658
- Mechanical - Plumbing - Electrical - Fire Protection - Information Technology www.elaraengineering.com
www.trgrestore.com
Daily Cleaning Services / Power Sweeping and Washing Painting and General Repairs / Seasonal Services (Snow/Ice Removal) Parking Facility, Surface Lot, PedestrianPlaza, Large Venue or Commercial Retail Building.
24/7 EMERGENCY SERVICE: (847) 816-0050 www.usafireprotectioninc.com
GARBAGE CHUTE CLEANING BROUWER BROS. STEAMATIC (708) 396-1444 All types of environmental cleaning. www.BrouwerBrothers.com
HANDYMAN/MAINTENANCE
SERVPRO RESTORATION COMPANY (773) 337-3900 / SOUTH CHICAGO (847) 498-8889 / NORTHBROOK
MIDWEST PROPERTY SERVICES, INC. (630) 656-1000
Fire/Flood Restoration, Mold Remediation & BioHazard Removal Services www.servpronorthbrookwheelingglencoe.com www.servproevergreenparksouthchicagocity.com
Construction / Maintenance / Painting Electrical / Snow Removal "No Job Too Big or Too Small" service@midproservice.com / www.midproservice.com
FACILITY MAINTENANCE SP+ FACILITY MAINTENANCE (773) 847-6942
Fire alarm / Sprinkler systems Fire pumps / Fire extinguishers Backflow prevention Fire panel / Monitoring
Contact: Daniel W.Nicholson dnicholson@spplus.com www.spplus.com/FacilityMaintenance
FIRE/FLOOD RESTORATION
HVAC
SKYLINE DKI (708) 629-0563
HILL MECHANICAL GROUP 847-451-4200
"Restoring Happiness" www.skylinedki.com
BROUWER BROS. STEAMATIC (708) 396-1444
FIRE SAFETY & PROTECTION
All types of environmental cleaning. www.BrouwerBrothers.com
CONTECH
EMERGENCY CONSTRUCTION GROUP 855-4ECGNOW Contact: Jenny Ruth jenny@emergencyconstructiongroup.com www.emergencyconstructiongroup.com
GENESIS CONSTRUCTION, INC. (847) 895-4422 www.genesisconstruction.com
THE FIRE ALARM COMPANY
(847) 483-3803
Fire Detection & Signaling Systems Fire Alarm Systems Chicago Life Safety Evaluation Solutions Security Systems/CCTV Card Access Systems www.contechco.com
NORTHERN ILLINOIS FIRE SPRINKLER ADVISORY BOARD (NIFSAB)
708-403-4468
No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2019©.
H V A C CLEANING BROUWER BROS. STEAMATIC (708) 396-1444 All types of environmental cleaning. www.BrouwerBrothers.com
INSURANCE ALLIANT/MESIROW INSURANCE SERVICES (312) 595-8135 Nancy Ayers www.condorisk.com
www.firesprinklerassoc.org
J. C. RESTORATION, INC. (800) 956-8844
HVAC & Plumbing Services www.hillgrp.com
FOR DISPLAY OR PROFESSIONAL SERVICES DIRECTORY ADVERTISING INFO, CALL (630) 202-3006
07.19
HOLLINGER SERVICES INSURANCES, INC. (847) 437-2184 Property Casualty • Employee Benefits Workers Compensation www.HollingerInsurance.com
CONDO LIFESTYLES
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CONDO LIFESTYLES
INSURANCE
LANDSCAPE CONTRACTORS
MOLD REMEDIATION
HEIL HEIL INSURANCE AGENCY (847) 530-3888
LANDSCAPE CONCEPTS MANAGEMENT, INC. (847) 223-3800
PERFECTION PROPERTY RESTORATION (877) 962-9644
afullerton@heilandheil.com www.heilandheil.com
www.landscapeconcepts.com
courtneyschmidt@callperfection.com www.callperfection.com
INSURANCE/PROPERTY CLAIMS
SEBERT LANDSCAPING, INC. (630) 497-1000
CHILDRESS LOUCKS & PLUNKETT, LTD. 312-494-0200
www.aaapaintco.com
gsemmer@semmerlandscape.com
INTERNET TECHNOLOGY
www.rcn.com/bulkbetter
AAA PAINTING CONTRACTORS, INC. (630) 231-8350
SEMMER LANDSCAPE (708) 926-2304
Property Insurance Recovery Experts
RCN (312) 955-2400
PAINTERS
www.sebert.com
ABBOTT PAINTING, INC. (312) 636-8400 (773) 725-9800
LAWN CARE
Quality Painting & Decorating since 1973 Our Mission: Guaranteed Committment to Quality Now offering Parking Lot Painting www.Abbottpainting.com
SPRING-GREEN LAWN CARE (800) 830-5914 www.spring-green.com
XFINITY COMMUNITIES 1 (800) XFINITY For more information E-mail: xfinity_communities@cable.comcast.com www.comcast.com/xfinitycommunities
LANDSCAPE CONTRACTORS ACRES GROUP (888) 231-1300 / (847) 526-4554 Professional Landscaping and Snow Removal www.acresgroup.com
ALAN HORTICULTURE, LLC (630) 739-0205 info@alanhorticultural.com www.alanhorticultural.com
BALANCED ENVIRONMENTS, INC. (847) 395-7120 | (630) 916-8830 www.BalancedEnvironmentsInc.com
ILT VIGNOCCHI (847) 487-5200 www.iltvignocchi.com
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CONDO LIFESTYLES
LOCKSMITH
ABC DECO (773) 701-1143
ABBOTT PROTECTION GROUP 312-636-8400
info@abcdecoonline.com www.abcdecoonline.com
Security Camera & Access Control Systems Intercom & Video Intercom Systems IT/Networking Burglar Alarm/Fire Alarm Systems Emergency Lighting/Fire Extinguishers Bobby@AbbottProtection.com
CERTAPRO PAINTERS OF AURORA (866) 715-0882 Interior & Exterior Painting Drywall Repair • Metal & Iron Painting Light Carpentry • Power Washing Commercial Roofing Repair cdidech@certapro.com oswego.certapro.com
NONSTOP LOCKSMITH (312) 929-2230 Locksmith Services, Intercom & Access Control Systems, CCTV, Overhead Garage Doors www.nonstoplocksmith.com
CERTAPRO PAINTERS OF THE NORTH SHORE (847) 989-4791
MOLD REMEDIATION
Interior & Exterior Painting Wallcoverings • Decorating • Remodeling Drywall Repair • Decks & Staining Tile Installation • Metal & Iron Painting www.certacommercial.com rmuldoon@certapro.com
SERVPRO RESTORATION COMPANY (773) 337-3900 / SOUTH CHICAGO (847) 498-8889 / NORTHBROOK Fire/Flood Restoration, Mold Remediation & BioHazard Removal Services www.servpronorthbrookwheelingglencoe.com www.servproevergreenparksouthchicagocity.com
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MIDWEST PROPERTY SERVICES, INC. 630-656-1000 Construction / Maintenance / Painting Electrical / Snow Removal "No Job Too Big or Too Small" service@midproservice.com / www.midproservice.com
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SERVICE DIRECTORY
PARKING GARAGE CLEANING
PLUMBING
PROPERTY MANAGEMENT
SP+ (773) 847-6942
LIFELINE PLUMBING (847) 468-0069
FIRSTSERVICE RESIDENTIAL (312) 335-1950
dnicholson@spplus.com www.spplus.com/facilityMaintenance
Plumbing - Heating & Air Conditioning Water Heaters - Sewer Cleaning & Repair Hot Water Drain Jetting www.INEEDLIFELINE.com
www.fsresidential.com
POWER WASHING
FIRST COMMUNITY MANAGEMENT (312) 829-8900
PAVING DUBOIS PAVING CO. (847) 634-6089
Guiding board members since 1988 www.condomanagement.com
POWER CLEAN, INC. (630) 545-9551
info@duboispaving.com www.duboispaving.com
G&D PROPERTY MANAGEMENT (630) 812-6400
Mobility Efficiency Safety Professional Power Washing
SP+ (773) 847-6942
powercleaninc@netzero.net www.powercleaninc.com
dnicholson@spplus.com www.spplus.com/facilityMaintenance
Contact Asa Sherwood
www.gd-pm.com
TWIN BROS. PAVING & CONCRETE (630) 372-9817 Asphalt Paving & Sealcoating / Concrete www.TwinBrosPaving.com
PROPERTY MANAGEMENT
THE HABITAT COMPANY (312) 527-5400
ACM COMMUNITY MANAGEMENT (630) 620-1133
www.habitat.com
Contact Tom Skweres
HEIL, HEIL, SMART & GOLEE LLC 847 866 7400
www.acmweb.com
PEST CONTROL ALL-OVER PEST SOLUTIONS (773) 697-1100
ADVOCATE PROPERTY MANAGEMENT (630) 748-8310
Bed Bug Specialists. Results Guaranteed! www.all-overpest.com
Managing in the Chicago Suburbs since 1988 www.advocatepm.com
SMITHEREEN PEST MANAGEMENT SERVICES (847) 647-0010 / (800) 336-3500
ASSOCIA CHICAGOLAND (312) 944-2611 / (847) 490-3833
www.smithereen.com
PLUMBING AMS MECHANICAL SYSTEMS, INC. (800) 794-5033 24 Hour Service HVAC • Industrial Refrigeration Service/Maintenance • Systems Integration Energy Management • Electrical Process Piping • Plumbing www.amsmechanicalsystems.com
GREAT LAKES PLUMBING & HEATING COMPANY (773) 489-0400 Plumbing / HVAC / Fire Protection Riser Replacements / Site Utilities www.glph.com
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Quality, Service, Performance and Integrity www.hhsg.net
HILLCREST MANAGEMENT (630) 627-3303 / (312) 379-0692 www.hillcrestmgmt.com
www.associachicagoland.com
CHICAGOLAND COMMUNITY MANAGEMENT (312) 729-1300 www.chicagoland-inc.com
COMMUNITY SPECIALISTS (312) 337-8691 www.communityspecialists.net
CHICAGO PROPERTY SERVICES, INC. (312) 455-0107 X102
LIEBERMAN MANAGEMENT SERVICES (847) 459-0000 www.liebermanmanagement.com
KANE PROPERTY MANAGEMENT CORP. (773) 472-2300 Professional Property Management. Affordable Rate. Contact: Dennis R. Kane; DKane@KanePM.com KaneManagement.com
MCGILL MANAGEMENT, INC. (847) 259-1331
www.chicagopropertyservices.com
www.mcgillmanagement.com
MORE LIVING. LESS WORRYING.
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CONDO LIFESTYLES
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CONDO LIFESTYLES
PROPERTY MANAGEMENT
REAL ESTATE TAX ATTORNEY
NIMROD REALTY GROUP, INC. (847) 724-7850
ELLIOTT & ASSOCIATES (847) 298-8300
www.nimrodrealty.com
www.elliottlaw.com
NORTHWEST PROPERTY MANAGEMENT 815-459-9187
KSN TAX (847) 537-0500
Residential & Commercial Association Management CRYSTAL LAKE & GENEVA IL www.nwpropertymanagement.net Established 1979
ROOFING ACTIVE ROOFING CO., INC. (773) 238-0338/(708) 430-8080 Established 1965 Maintenance & Repairs Roofing/Sheet Metal/Tuckpointing www.activeroofing.com
ADAMS ROOFING PROFESSIONALS INC. (847) 364-7663
www.KSNLaw.com
MCCRACKEN MCCRACKEN BEHRENS (312) 263-4308 Concentrating in Property Tax Appeals since 1976
www.mmbtaxlaw.com
PROPERTY MANAGEMENT SPECIALISTS 847-845-6067
SARNOFF & BACCASH 312-782-8310
www.Pmgrs.com
WORSEK & VIHON LLP (312) 368-0091
ROLLING MEADOWS OFFICE
(630) 633-5450
WOODRIDGE OFFICE
www.wvproptax.com
www.psimanagement.net
RESERVE STUDIES
REALMANAGE 1(866) 473-2573
BUILDING RESERVES INC. 1 (877) 514-8256
www.realmanage.com
Easy-to-Read, Customized Reserve Studies created by Reserve Specialists & Engineers www.BuildingReserves.com
REALTY & MORTGAGE CO. COMMUNITY ASSOCIATION MANAGEMENT
773-989-8000
SUDLER PROPERTY MANAGEMENT (312) 751-0900
SUPERIOR RESERVE ENGINEERING & CONSULTING (888) 688-4560 www.superiorreserve.com
RESERVE ADVISORS, INC. (312) 625-4958
www.sudlerchicago.com
TAIRRE MANAGEMENT SERVICES (847) 299-5740
A remarkably simple reserve study system Custom, Comprehensive Studies Conducted by Professional Engineers Contact Corinne Billingsley corinne@reserveadvisors.com www.reserveadvisors.com
tsutton@tairremgmt.com
VILLA MANAGEMENT 847-367-4808 We manage so you don't have to! ® Since 1976. 7370 N Lincoln Ave., Suit A, Lincolnwood, IL 60712
www.villamgt.com
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CONDO LIFESTYLES
ALL AMERICAN EXTERIOR SOLUTIONS (847) 438-4131 Roofing, Siding & Windows www.aaexs.com
Attorneys at Law www.sarnoffbaccash.com
PROPERTY SPECIALISTS INC. (847) 806-6121
1509 W Berwyn Chicago IL 60640 Contact: Hugh Rider www.RealtyMortgageCo.com
Roofing / Siding / Gutters / Insulation www.adamsroofing.com
Long-term Thinking. Everyday Commitment.
FOR DISPLAY OR PROFESSIONAL SERVICES DIRECTORY ADVERTISING INFO, CALL (630) 202-3006
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AMERICAN BUILDING CONTRACTORS, INC. (847) 670-1887 Roofing • Siding • Windows • Gutters Maintenance • Capital Budget Projects A+ BBB Rating www.abc-usa.com
CSR ROOFING CONTRACTORS (708) 848-9119 All Types of Roofing Installation, Repairs & Maintenance www.csr-roofing.com
D-WING CONSTRUCTION (630) 397-8889 Your Home, Our Reputation A+ BBB Rating www.DWingConstruction.com
HAMMERBRUSH PAINTING & CONSTRUCTION (630) 320-9676 Concrete & Masonry / Roofing & Siding www.Hammerbrush.com
M&T EXTERIORS INC. (331) 248-0447 Roofing Siding Windows and Service. www.mt-exteriors.com
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SERVICE DIRECTORY
ROOFING
SIDING / RENOVATIONS
TOWING
MI CONSTRUCTION AND ROOFING (630) 241-0001
INSIDE-OUT PAINTING CONSTRUCTION & ROOFING (630) 406-3000
CONTRACT TOWING (779) 707-6935
www.mancioneinc.com
www.insideoutcompany.com
PROHOME1 630-517-5797
WOODLAND WINDOWS & DOORS (630) 529-DOOR (3667)
Roofing / Siding Windows / Doors Decks / Gutters & Downspouts Kitchen & Bath Remodeling Specializing in Multi-Family www.prohome1.com
Window and Related Masonry Interior & Exterior Doors | Siding & Gutters
PROHTOP ROOFING (847) 559-9119
www.woodlandwindows.com
MIDWEST PROPERTY SERVICES, INC. 630-656-1000 Siding & Gutters / Wood Replacement Welding & Railings / Snow Removal "No Job Too Big or Too Small" service@midproservice.com / www.midproservice.com
SITE MAINTENANCE, INC. (847) 697-1077
SNOW & ICE MANAGEMENT
S&D ROOFING SERVICE (630) 279-6600 250,000 roofs installed since 1963 TEAR OFFS • SHINGLES • FLAT Multi-Family ROOFING Specialist Our experience & technical know-how gets the job done right the first time! www.sdroofing.com sales@sdroofing.com
TV-BULK CABLE & SATELLITE UPSTREAM NETWORK 844-55-STREAM www.upstream.network
We’re Here When You Need Us! www.protoproofing.com
www.sitemaintinc.com
24/7 HOTLINE (877) 613-5040 Outsource your parking to the EXPERTS in towing. Denis Phelan / www.contracttow.com
ACRES GROUP (888) 231-1300 / (847) 526-4554 Professional Landscaping / Snow and Ice Management www.acresgroup.com
XFINITY COMMUNITIES 1 (800) XFINITY For more information E-mail: xfinity_communities@cable.comcast.com www.comcast.com/xfinitycommunities
WASTE SERVICES LAKESHORE RECYCLING SYSTEMS (773) 685-8811 www.LakeshoreRecyclingSystems.com
WINDOWS/REPLACEMENTS
SP+ (773) 847-6942 dnicholson@spplus.com www.spplus.com/facilityMaintenance
ALL AMERICAN EXTERIOR SOLUTIONS (847) 438-4131 Roofing, Siding & Windows www.aaexs.com
SECURITY SERVICES
THE WINTER WERKS (630) 241-0001
ADMIRAL SECURITY DOOR STAFF SOLUTIONS (847) 588-0888
www.mancioneinc.com
D-WING CONSTRUCTION (630) 397-8889
SWIMMING POOLS
Your Home, Our Reputation, A+ BBB Rating www.DWingConstruction.com
www.admiralsecuritychicago.com
SIDING / RENOVATIONS ALL AMERICAN EXTERIOR SOLUTIONS (847) 438-4131
SPMS (630) 692-1500 Heaters Pumps • Repairs • Chemicals Pool Maintenance • Complete Water Analysis Pool Guards, Inc. ross@spmspools.com
Roofing, Siding & Windows www.aaexs.com
TREECARE
D-WING CONSTRUCTION (630) 397-8889
SAVATREE 847-729-1963
Your Home, Our Reputation, A+ BBB Rating www.DWingConstruction.com
www.savatree.com
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FORDE WINDOWS AND REMODELING, INC. (847) 562-1188 Trusted Window Replacement Services Since 1987 www.fordewindowsandremodeling.com
WOODLAND WINDOWS & DOORS (630) 529-DOOR (3667) Window and Related Masonry Interior & Exterior Doors | Siding & Gutters www.woodlandwindows.com
07.19
CONDO LIFESTYLES
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CONDO LIFESTYLES
by Joseph Scharnak – Kovtiz Shfrin Nesbit
An Overview of Special Assessments As you’re probably well aware, Association residents pay regular assessments to cover collective maintenance expenses, based on the annually-budgeted needs of the community. Are you familiar with Special Assessments? Let’s review the basics:
Owner Approval. Special Assessments for additions and alterations to common elements not included in the annual budget must be approved by a 2/3rds vote of all owners.
Owners’ Right to Veto. In situations where a Special Assessment is adopted for purposes of maintaining, repairing or replacing the common elements, if the amount of the proposed Special Assessment plus the amount of all regular assessments and any other special assessments payable in pecial assessments are monies, in addition to the the current fiscal year exceeds 115% of the sum of all regular regular monthly assessment, collected by a condoassessments and special assessments payable during the minium, townhome, or homeowner’s associaMore often, special assessments are levied because an immediately preceding fiscal year, the owners tion from its members so that the Association have an opportunity to veto the board’s decican pay for expenditures not included in the Assion by submitting a petition signed by owners Association has not adequately funded its reserve account sociation’s annual budget. owning at least 20% of the total ownership inAn Association’s use of funds collected through terest in the association within 21 days of the over the course of many years. Unfortunately, when the day date on which the board adopted the Special a special assessment is generally restricted to the specific project for which the Special AssessAssessment. comes where the Association is faced with a major repair ment was approved as well as any ancillary costs Emergency Situations. When a Special Assess(for example, engineering fees, building perment is adopted by a board in order to comply mits, construction bonds). cost, the reserve account doesn’t have enough money to with any law, or in order to address an emerWhen an Association levies a special assessgency situation presenting an immediate danfully cover the cost of the project. ment, the board resolution may call for payger to the structural integrity of the common ment in a single lump-sum or in multiple elements or to the life, health, safety or propinstallments – most frequently in monthly installments erty of the owners, no owner approval is required to adopt Even when an Association’s annual budget includes a repayable over the course of several years. the Special Assessment and the owners do not have the serve fund contribution, they may find that a special asright to veto the board’s decision. sessment is still required because the board relied upon an Special assessments payable in installment payments are
What are Special Assessments?
More often, special assessments are levied because an Association has not adequately funded its reserve account over the course of many years. Unfortunately, when the day comes where the Association is faced with a major repair cost, the reserve account doesn’t have enough money to fully cover the cost of the project.
often adopted in connection with a bank loan obtained by the Association. The interest cost incurred by the Association is passed through to only those association members that elect to pay the special assessment through installment payments.
unrealistic or outdated reserve study in connection with its planning for future maintenance, repair and replacement costs.
If your Association is considering levying a special assessment, do not hesitate to contact your law firm. Y
What Legal Restrictions Exist for Special Assessments in Condominium Associations?
Editor’s Note: This article is made available by the lawyer and publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By reading this article you understand that there is no attorney client relationship between you and the article author. This article should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
S
Why Adopt a Special Assessment? Associations may be forced to adopt a special assessment in connection with an unforeseen major expense. For example, a catastrophic loss that is not fully covered by the Association’s insurance coverage or when the Association finds itself in a position where construction defect litigation becomes necessary.
Notice of the Meeting. Unlike a regular board meeting, which may be called on as little as 48 hours’ notice, a board meeting called for the purpose of adopting a Special Assessment requires written notice to each member of the association no less than 10 days and no more than 30 days in advance of the meeting.
PRACTICAL REPORTS ON GREEN BUILDING ISSUES News & Information on Building Maintenance, Restoration & Preservation
FOR MORE INFORMATION CALL OR VISIT
630.932.5551
www.chicagolandbuildingsandenvironments.com 28
CONDO LIFESTYLES
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No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2019©.
BOARD BASICS
by Salvatore Sciacca – Chicago Property Services
ARE YOU FEELING OVERWHELMED AND OVERWORKED AS A BOARD MEMBER OF A COMMUNITY ASSOCIATION?
Top 10 Ways for Boards to Increase Effectiveness and Productivity Do you feel underpaid? Do you feel like there is not enough time to address the never-ending issues that keep popping up within your community? Do you wish there was a way to become more productive and spend less time as a volunteer board member for your association?
T
he good news is that there is such a way. And I am about to reveal exactly the top 10 best ways to do so. So sit back, relax and read ahead. Plan all board meetings and the 10. annual meeting before the beginning of the calendar year (set all your meetings prior to December 31st of this year for next year’s 2020 meetings). This will help ensure
that there will be enough attendance for all the board meetings, and will minimize the amount of cancellations due to a lack of quorum. Hold the meetings at a business appro9.priate environment which has chairs for all the attendees including the homeowners, Wi-Fi, a conference table for the board members and community manager,
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07.19
a projector, screen, etc. This will ensure the meetings are more productive. Provide a board packet to all the board 8.members at least 5-7 days PRIOR to the board meeting. The board packet should have an agenda that clearly states the decisions that the board should make, as well as the related proposals, old business issues and new business issues. In addition, the agenda should state any matters that the board needs to take up in executive session. If there are multiple proposals for a particular project, the packet should contain a spreadsheet analyzing the bids in an “apples to apples” comparison so that the board can make an informed decision.
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7. As a board member, take adequate time to prepare for the board meeting. This is essential to having a productive board meeting. Each board member should take the time to review the agenda and review bids so that the board meeting goes smoothly. Don’t wait until the board meeting to open up the board packet.
6. Invest the necessary amount of time
required to review the draft budget submitted by the management company (if you have a management company) and ensure that there is enough money in all the budget line items. The entire board should carefully review the initial draft budget and adjust as necessary. The board should take into account the capital plan and/or reserve study when finalizing the draft budget that will be presented at the budget approval board meeting.
5. Prepare your annual budget to include an expense contingency line item of around 5% of the annual assessment income. This will ensure that the budget will withstand moderate unforeseen expenses which will in turn prevent time wasted by the board scrambling to fill budget gaps and holes if the budget is blown.
Property • Casualty • Employee Benefits • Workers Compensation
220 S. Lively Blvd., Elk Grove Village, IL 60007 Ph: 847-439-2184 • 800-780-2922 • Fax: 847-437-2189 www.hollingerinsurance.com 30
CONDO LIFESTYLES
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BOARD BASICS
4. Board members should spend the time
getting to know the governing documents such as the declaration, bylaws, rules and regulations as well as the management agreement. The board should clarify any questions about the management agreement. The management agreement should be very detailed and should document exactly which services are included and which services are not included. If there are ala carte services offered, the agreement should detail the exact cost. If there is no ala carte fee schedule, there should be no ala carte charges incurred by the association. Alternatively, the management agreement should detail the amount of time included in the monthly fee and what the charges are for extra effort or time for services expended by the management company above and beyond the base services.
company, make a change. There are significant differences between community management companies. They are not all the same. Take the time to research the different firms that serve your particular type of community. If you live in a small condo association, don’t hire a management company that manages high rises or large-scale communities. You should work with a firm that specializes in small sized communities. And the opposite is true.
SUMMARY Don’t settle for mediocrity. Your time is very valuable as a board member. You are serving as a volunteer and you deserve to get the best support available from the professionals that serve your community. Invest the time necessary to perform as a highly effective board member and you and the rest of the homeowners in your community will notice the difference. Y
3. The rules and regulations should be
carefully reviewed and brought up to industry standards if appropriate. The rules and regulations are one of the most important lines of defense when it comes to conflict between homeowners and between the association and homeowners. A lack of rules and regulations and/or weak rules and regulations cause an excessive amount of effort expended by the management company and board members. Comprehensive and detailed rules and regulations can significantly reduce the amount of challenges and time spent dealing with conflict and challenges.
2. Determine the most effective way to
communicate with the management company. Find out how the management company works most effectively. Is there an online communication platform that the management company utilizes? If so, use that and avoid sending emails if possible. If the management company doesn’t have a ticket tracking system, ask if they are planning to use one as it is a much more effective method of communication versus emailing back and forth. Setup a regular phone conversation between the board president and the community manager.
1. Switch management companies. If you
are spending too much time chasing your community manager for responses or if you are consistently unsatisfied with the level of service provided by your management
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CONDO LIFESTYLES
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Manager Licensing Update The Department (IDFPR) under director Mario Treto, Jr. is putting forth legislation to extend the CAM Act for another two years.
L
aurie Murphy, who was recently promoted to be the Deputy Director of Illinois Department of Professional Regulation began her presentation on CAM licensing and all licensed managers by making attendees aware that August 31, 2019 is the renewal deadline and her department is currently accepting applications. Although the future remains unclear because the current statute pertaining to community association manager licensing is set to sunset (or expire) on January 1, 2020, she stated, “The Department (IDFPR) under director Mario Treto, Jr. is putting forth legislation to extend the CAM Act for another two years.” After introducing the staff from IDFPD that work on CAM License regulatory affairs, she provided a list of the top complaints that her department has received (over the past 12 months) as: Top Complaints on Licensed Managers + Account (Mishandling) for Money of others + Unlicensed Practice
HH
+ Unprofessional Conduct (unethical/illegal behavior) + Failure to Furnish Documents Murphy continued, “Of the 183 complaints we received, 55 of them did fall under the CAM Act as they concerned behavior or actions by the Board of Directors or the Association as opposed to management.” From a legal perspective, actions and/or conduct by the Association and its Board of Directors typically fall under the Illinois Condominium Property Act, the Common Interest Act. She continued, “Because of these types of complaints, the office of the Ombudsperson was established (www.IDFPR.com/CCICO).” Of course local, state and federal laws apply to conduct and actions by individuals, the board and the Association. Murphy also described the process when a complaint is filed with IDFPR. She said, “we first evaluate whether the complaint falls under the CAM Act; if it does we perform an investigation. Upon completion of an investigation, we either refer or close the matter or refer it to “Prose-
Y Deputy Director of IDFPR Laurie Murphy cutions.” At that point we’ll either prosecute with a formal hearing, send an Administrative Warning Letter or close the matter depending on the information we have for a given case.” Murphy concluded, “when we close a complaint you’ll receive a letter advising you of this.” She said that complaints are resolved as quickly as possible; their target for a maximum timeframe for resolution is one year.
HEIL & HEIL I NSURANCE A GENCY
LLC
Andrew Fullerton Property Insurance Specialist
847-530-3888 BUSINESS / HOME / AUTO / LIFE
847-866-7400 32
CONDO LIFESTYLES
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No part of the publication may be reproduced whatsoever without written consent from the publisher. All material herein is copyrighted 2019©.
L E G A L U P D AT E
by Ben Rooney, Law offices of Keay and Costello
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, boards could simply notify the police or take action against under the declaration’s general prohibition against illegal activity or noxious and offensive behavior from taking place upon the property.
F
or better or worse, this is about to change. On May 31, the Illinois House of Representatives passed House Bill 1438 legalizing the recreational use of marijuana. Once signed by the governor, adults aged 21 and older will be allowed to use marijuana within a private residence and possess up to 30 grams of marijuana. While people prescribed marijuana will be permitted to grow marijuana in their home, recreational
users will not be able to grow themselves. With legalization, condominium association wishing to regulate the smoking of marijuana within the association will no longer be able to simply rely on covenants generally prohibiting 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 Illi-
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07.19
nois Condominium Property Act, granting condominium associations the ability to regulate the smoking or marijuana within the association, despite the fact that it is now legal. The addition to the Illinois Condominium Property Act will provide that the condominium instruments of an association may prohibit or limit the smoking of cannabis within a unit owner's unit. It should be noted that the law specially relates to the smoking of marijuana and does not pertain to ingesting marijuana by other methods. Second, the law recognizes the ability to prohibit the smoking of marijuana within an owner’s unit (not just upon the common elements), but also states that such a regulation may only be set forth in the “condominium instruments.” While many
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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. The new law does expressly state that when it comes to the common elements, an association may restrict or prohibit the consumption of marijuana, in any form, through condominium instruments or rules and regulations. Legal recreational marijuana use is coming to Illinois, and condominium associations will be forced to consider how, if at all, they want to regulate such activity within the association. While boards 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. Y
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M O N E Y M AT T E R S
by Matt Panush & Ed Wittenstein, Worsek & Vihon
2019 PROPERTY ASSESSED VALUES:
Hang On With Both Hands And Appeal! The property tax assessments for associations have always been very closely tied to the whims of the real estate market, a rollercoaster-like ride with as many twists, turns, ups and downs as unit owners can stomach. With a self-proclaimed “outsider” taking the controls of the property assessment system in Cook County, what does this change mean to taxpayers?
M
any thought the mysteries of the assessment process would be revealed and more fair and uniform values would be created for tax year 2019. As property owners in suburban north and northwest Cook County are finding out, it is best to keep your hands and feet in the vehicle at all times as the assessment tax ride continues to be a bumpy one. Currently for 2019, the reassessment for the north suburban areas in Cook County has begun. All properties in Evanston, New Trier, Barrington, Palatine, Elk Grove, Norwood Park, Maine, Leyden, Wheeling, Northfield, Schaumburg, Niles and Hanover Townships have either been reassessed
already or will be reassessed very soon. This triennial reassessment will impact the tax bills first payable in July of 2020 and should stay in place for a three year period (tax years 2019-2021).
Only Constant is Inconsistency The only constant found in the new 2019 assessed values for associations has been the inconsistency. While some condominium, townhome and homeowner’s associations have seen their overall assessed values go down in 2019, several have seen massive increases in their assessed values. Unit owners in parts of Evanston and Elk Grove have seen 20% to 40% jumps in their pro-
posed 2019 assessments. Several associations in Maine Township have seen their assessed values spike by 100% to 300%! How can values be “down” in one part of town and be “up” by triple digits in a different part of that same town? Historically, the assessed values of condominium, townhome and homeowner associations have been based on the recent sales that have taken place within the association. However, in researching the 2019 proposed assessed values for hundreds of north and northwest associations, there is little correlation between the market value prices being paid by new unit owners and the new 2019 values. How fair can it be when a taxpayer buys a unit for $110,000 yet is scheduled to be taxed at a market value of $280,000, and the neighbor buys a unit for $200,000 and is taxed at a market value of $170,000?? The more fair and uniform assessments that were promised - the easier, more quiet rides on the
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tax assessment rollercoaster - have been very elusive to find in tax year 2019 so far.
Act on 2019 Reassessment Notice No need to grab the Dramamine quite yet. There is a way to try and make sure that the bumpy start to this 2019 reassessment ride has a smooth ending. Now is the ideal time to appeal your assessed values! We encourage all associations to challenge their new assessments by filing a group appeal during the first year of the reassessment period. The goal of challenging the property
assessed values collectively has never changed: fair and uniform values throughout the association. Appealing in the first year of the reassessment period will maximize any tax savings, as most reductions granted through the appeal process remain for all three years of the triennial reassessment period. Property managers and association boards should act upon receipt of their 2019 reassessment notice. DON’T WAIT UNTIL YOU GET YOUR TAX BILL IN 2020!! The 2019 tax assessment ride will be over by then, leaving behind whiplashed taxpayers who failed to appeal in 2019.
Filing Challenge for the Entire Association is Best The Cook County Assessor’s Office and Board of Review encourage the entire association to file as a whole. Their main goal is also to keep uniform assessments within the association. When an appeal does not include all units, it creates a situation where identical units in the building or development may have different assessed values. This lack of uniformity results in confused and unhappy unit owners, the inevitable phone calls to the property manager, and usually an explanation by the tax attorney on how units with the same percentage of interest or the identical floor plan have different assessed values. Cook County is the second-largest county in America, with over 1.8 million parcels of property, 1.2 million of those classified as residential. Due to this overwhelming number of parcels, the county is divided into three distinct areas for assessing purposes: the City of Chicago, the north suburban areas, and the south suburban areas.
Never a Wrong Time to Appeal There is never a wrong time to appeal your property’s assessed value. If you live in the City of Chicago, your property was reassessed in 2018. Those new assessed values are first appearing on the current 2nd installment tax bills due in August. If you did not challenge the 2018 reassessment of your property last year, there is still time to file a 2019 appeal in an attempt to limit your tax burden going forward. Any successful appeal in 2019 should lower the property’s assessed value for the next two tax years (2019/2020). In Illinois, we pay taxes one year in arrears. This means that the result of a successful 2019 appeal will first appear on the 2nd installment tax bill scheduled to be mailed in July of 2020.
North and Northwest Cook County Should Act Now While the thrills of the amusement park rides are fun while they last, don’t get stalled in the loop of the current tax assessment ride. For those unit owners in the north and northwest areas of Cook County who don’t appeal the new 2019 assessed values, their rollercoaster ride could last for the next three years. Whose stomach, or check book, can survive that kind of fun? All association property managers and board members are encouraged to contact a property tax law firm, one with experience in appealing the tax assessments of associations. At no cost to the association, most firms will be happy to research your association’s assessed values and determine if there is a basis to move forward with an appeal. Best wishes on your 2019 tax assessment ride. Y
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MAINTENANCE MEMOS
by Jason Wilen, AIA CDT RRO - Klein and Hoffman
Healthy Roofs Stand the Test of Time
HAVING A PLAN FOR REGULAR ROOF SYSTEM MAINTENANCE MAXIMIZES YOUR ROOFING INVESTMENT As an Owner, Property Manager, or Building Engineer, hopefully you don’t have to think about your roofs most of the time. When things are going as they should water does not show up in unexpected places. Having a roof maintenance plan helps keep things that way.
J
ust having a plan puts your building or facility ahead of the game. The National Roofing Contractors Association (NRCA) recommends roofs be inspected twice a year; in the spring and autumn is typical. Such bi-annual inspections are also a common requirement to remain in good standing for roof system manufacturers’ material warranties. If bi-annual inspections are not in your budget; once a year is adequate to identify many issues before more extensive damage occurs.
The goal is to identify roof system damage or conditions that may inhibit the proper drainage of roof systems. Areas above roof surfaces should also be evaluated as damaged walls, windows, sealants, equipment, etc. can allow water to bypass roof system terminations/flashings and enter spaces within. Prompt identification and correction of detrimental conditions is often simple, relatively low-cost, and most importantly solves problems before more costly damage occurs below roof surfaces, within building structural elements or within interior spaces.
Roof System Inspectors The first step of roof maintenance is designating someone to conduct regular roof maintenance inspections. In some cases, facility staff can fulfill this need; especially for roof areas that are low-slope and have adequate provisions for safety such as edge barriers, parapets; or roof anchor tie-offs (see Low-slope Roof Fall Protection & Façade Access; Chicagoland Buildings and Environments, August 2018). It may be advantageous to contract with roofing contractors to conduct maintenance inspections; especially when there are not roof system experts on staff or for roof areas that are steep-slope or that require specialized equipment to access safely. Situations where a previous relationship with roofing contractors
enhancing landscapes for life… • Landscape Maintenance • Landscape Design/Build • Landscape Construction • Seasonal Flower Rotations • Snow and Ice Control
708.926.2304 gsemmer@semmerlandscape.com
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is not in place; when roof areas have a history of problems; or where there is a desire to develop a list of repairs for competitive bidding; involving forensic or roof consulting firms may be the best option.
The Maintenance Inspection Roof maintenance inspections typically are visual where Inspectors look for signs of roof system stress without using more costly destructive methods. Easiest to inspect are
roof systems where the weather barrier is exposed. Roof systems with vegetation, pavers, equipment, etc. installed above roof system elements makes inspections more difficult and may require removal of overburden to investigate problem areas. Inspectors should be informed of internal leak locations prior to their work outside.
Low-slope Roof System Maintenance Low-slope roof (sometimes called “flat
roof ”) systems are typically membrane systems—consisting of a surface layer (or layers) of material meant to be a barrier to water and often with underlaying materials such as cover boards and/or insulation meant to remain dry with structural elements and interior surfaces below.
Common issues for Low-slope roof systems: • Ponding. Standing water that remains for short durations is generally not a concern. The roofing industry and many model building codes consider water that remains on the surface of low-slope roofs for 48 hours or less after rain events to be acceptable. Water that remains beyond 48 hours is considered “ponding” and should be evaluated. Drains and scuppers should be checked to ensure they are not clogged. Sometimes a plumber is needed to remove blockages that occur below roof surfaces in drain leaders or storm sewer systems. Items such as curbs for rooftop equipment, equipment supports, walkway elements and the like should be relocated or reconfigured if they block roof surface drainage paths. Elements such as rooftop pavers or vegetative roof elements may need to be temporarily relocated for underlaying roof surfaces to be evaluated; especially when ponding is occurring. • Roof Membrane Damage. Damage to roof system membranes can allow water to pass to dry elements below and cause damage. Membrane seams, terminations and flashings, and drainage points such as drains, and scuppers should also be viewed for signs of distress. Metal accessories such as copings or counterflashings should be included in the evaluation. Workers performing maintenance on rooftop equipment or for adjacent building surfaces should protect roof surfaces and remove trash and debris associated with their work. Access to roof surfaces should be minimized. When discovered promptly, roof membrane damage often can be repaired at low cost and before more costly damage occurs below the surface. • Detachment. Inspectors look for signs of loose membrane, voids below membranes or areas of the roof system that seem “soft” or unstable. Such areas may indicate the presence of instability (generally due to moisture) within the roof system and possible loss of wind uplift resistance. Sometimes
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MAINTENANCE MEMOS
Y Debris, glass, screws and the like should not be allowed to accumulate on roof surfaces as they can interfere with rooftop drainage and cause damage to roof membranes.
such issues are due to a leak or weak point in the roof system and if repaired promptly can limit more widespread damage. • Debris. Roof areas should remain free of debris. Unsecured material often can decrease drainage, cause damage to roof surfaces when shifted by weather, or cause punctures to roof membranes when stepped on. Material should never be stored on roof surfaces.
Y Clogged roof drains can cause unsightly staining, contribute to leaks, and in extreme cases contribute to collapse. Regular review of rooftop drains should be a high-priority maintenance task.
Steep-slope Roof System Maintenance
slope areas should do so.
Steep-slope roof systems are typically water shedding and rely on slope and gravity to move water off of roof surfaces to edges or drainage points such as gutters or scuppers. Steep-slope surfaces are often inspected from remote locations using binoculars or from adjacent vantage points in order to avoid damage to steep-slope roof system surfaces. Only personnel trained to safely access steep-
Common issues for Steep-slope roof systems: • Drainage. Gutters, downspouts, and scuppers where water runs off steep-slope roof systems should remain free of debris to ensure drainage capacity is maintained. Proper gutter slope to drain points is also important; especially in areas susceptible to ice dams.
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• Surface Damage. Missing or damaged roof surface elements (such as missing shingles or dented metal panels) should be promptly repaired because underlaying materials are not meant to be directly exposed to the weather (though they are designed to handle the relatively small amount of water that may pass beyond the surface during extreme weather conditions). Damaged surface elements such as broken roof penetrations, damaged or worn masonry for chimneys or higher building walls, etc. should also be
regularly repaired to prevent water from bypassing roof system terminations. Roofs in areas susceptible to high wind pressures should follow attachment advice from roof system manufacturers for such areas. • Inappropriate Attachment . Items such as satellite dishes, solar panels, signage, etc. are sometimes installed by contractors with limited roofing experience. Such installations can create water infiltration paths. Experienced roof maintenance inspectors
Y Rooftop ballast moved due to wind action, repair activities, etc. should be replaced/redistributed promptly—proper ballast placement is essential for roof system wind uplift resistance.
can work with such contractors to meet attachment requirements without sacrificing weather tightness.
Shaping the future!
Final Thoughts
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• Chicago Area Chapter of RCI (CAC-RCI): Established in 1983, CAC-RCI is a professional association of roofing and waterproofing professionals. Contact CAC-RCI at cac-rci.org.
For more information contact: Mark Stelter at x 220
• National Roofing Contractors Association (NRCA): Established in 1886, NRCA is a national trade association located in Rosemont, IL and is the leading authority in the roofing industry for establishing best practices. Contact NRCA at (847) 299-1183 or nrca.net.
Two Convenient Locations! 308 West Irving Park Road Itasca, IL 60143
One East Irving Park Road Roselle, IL 60172
Phone: 630-773-0350
Working with roofing professionals allows building owners to establish plans for regular roof maintenance and helps ensure prompt resolution when problems occur. In Chicagoland there are many not-for-profit organizations where building owners can find additional advice for roof system maintenance and help finding quality roofing professional referrals. Y • Chicago Roofing Contractors Association (CRCA): Established in 1877, CRCA is a local trade association for roofing and waterproofing contractors. Architects and engineers that specialize in roof systems are members as well. Contact CRCA at (708) 449-3340 or crca.org.
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