Rules Regarding Heating in Condo Units

The condo is supposed to be run by a BOARD, not by the "president". The board should consist of at least 4 members - a president, secretary, treasurer, and other member. Do your bylaws have this structure outlined? They should. My husband is on the board for our condo association (2 buildings with 190 units each) so I hear a lot about association issues.

As a unit owner you have a right to see the budget and expenses for the association every month. Check them. Is the association on good financial footing? Do you have a reserve fund? Are the units' assessments proportional to their share of the building? What are the costs associated with heating the building? Heating is expensive for everyone, and if your $200/month assessments don't cover all the (legit) expenses then the board will have to consider raising them.

Just an FYI, *most* new condo units have assessments artificially low when they are sold by the developer, and will therefore need substantial increases in the 2-3 years during which they first operate. For us, we had a 25% increase in year 2 and a 9% increase in year 2. Now we are in much better shape and expect only a 1-3% increase per year - basically keeping up with inflation. I have heard about other buildings that have had 40 and 50% increases in assessments after the first couple years!

Are you self-managed or do you work with a management company? If you work with a company I would talk to them.

If the heat for the entire building is controlled by the boiler then as an association you should vote on some guidelines for when the boiler gets turned on (for example, apartment landlords LEGALLY have to provide heat to keep your place at least 65 degrees I think - maybe even warmer). The guidlines should be based on temperature, not on month.

Chicago has very specific laws about condo associations in the city. If you think yours isn't acting legally (ie being run by a single individual) you need to bring it to someone's attention.

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my husband mark is an attorney and i forwarded him your question this is his response;

A condominium association is just that, a group of people (usually owners in the building) who make decisions regarding the building and expenses. If the building is too cold, and other unit owners agree, take it up at the next board meeting. If the majority of owners do not agree, you may be out of luck. If they do, a vote can be had and the heat will (should) be turned on sooner. If the board refuses, board members will have to be voted off the board and new ones elected who will change the heating policy. The cost of the heating will be an expense added to the budget and prorated among unit owners' assessments.
if you have any further questions his name is Mark Basile of Basile Law Frim, his nuimber is 312. ###-###-####
Hope this helps..Good luck..

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You may also find some good articles in the chicago tribune, there is a writer there, possibly the real estate section, that discusses this fairly often. Kind of a Q & A format I think.

This place sounds like a place I used to live in. Anyhow,for a newly conversion unit, you should be able to control your own heat. Jeez, I wonder if it is the same building I lived in. We had the same problems. Before I moved in all the units were able to control their own heat. The President did what ever he wanted w/the building. I almost thought he was the owner. I found out that because of him messing w/the floors, where the piping is for the heat, he screwed it up to the point where no one could control their own heat anymore and had to wait for him to turn it on and off. Well the first year I was there, I opened my mouth and voted him out. We voted someone else for Pres. and I became vice-pres. Together we ran the building but due to my growth in family. I had to sell and move out. Needless to say, I was glad. Because then the budget got low, they were talking about special assessments and fixing the heat, etc. Condos are such a hassle. You can always try calling the City, the only problem w/that is that if you get cited and the Assoc. has to hire a lawyer to take care of citation, it comes out of your pocket. You can also try writing the Assoc. a letter and giving an option to either turn it on at night or you will be reporting the problem to the City. Is there a managment for the building? If so, try talking to them also. Let me know what happens. Good luck!

I just wanted to second what others said about having more board members. You should have president, treasurer and at least a third person (like secretary or something). You need multiple people to have checks and balances -- especially with access to money so there isn't just one person writing all the checks. It's also good to have an odd number of people so you don't have split votes. I say call a meeting with all the other condo owners and find out what they think. My husband was president of our condo assoc a few years ago (we no longer have the condo now) and people would beat down our door if it was cold in their unit. We had a problem with the heat the second winter. Everyone had an opinion.

Also, if you have to buy heaters you should tell the president that you will take that amount out of your assessment payment since the assessment is supposed to cover heat. Write a letter to that effect and quote the bylaws if you can.

By law if the temp drops below 60 the heat must be turned on. I would threaten lawsuit. And since at night we've been in the 30's you are well on your way to winning any battle. Don't in any way back down. You are right in this situation to be very concerned.

I am unfamiliar with rules for Condos, but I would start by calling every news station that covers your area. Call the attorney general. Call the mayors office. This sounds absolutely outrageous. Not sure where you live, but I bet you could find another place nearby. I would sell and make a big stink on my way out the door. Maybe others in the complex would follow.

Hi V., Your building should be run by a board and not a single president. I live in a conversion condo with only 8 units. We're too small for a management company, but I think your size (13 units) is the standard minimum. You could have a couple of management companies meet with your building and tell you what type of services they can offer. A management company would handle issues like this, but would increase your mtly assessments. If you decide not to go with a management company, then your board should have at least 3 members on it and hold quarterly meetings for ALL unit owners to participate in. I think the condo association by-laws are pretty standard and you might be able to find a sample on the internet. We might have a soft-copy that I can send you, but I only have a hard copy right now. Please let me know if you have any questions. Good luck!! M.

Hi V.,

I am a landlord for a building in which we pay the gas for our tenants. The law in the city of chicago is that after September 15th. It has to be atleast 63 degrees in the day and 68 degress at night. If they are not doing this than they are breaking the heating ordinace in the city and you can call you alderman or if the department of buildings and complain. It is you right to have it that warm. Anything above that sadly is at the discreation of the condo board. It has been getting really cold at night in the 30's so I would say that you need to talk to someone. I hope this helps.

G.

It depends in what town you live in but usually they have to provide heat between oct and may or june, and they have to keep it at a certain temperature. Usually it's pretty low at night, say 63? And during the day it's a bit warmer, maybe 65 or so. Check with your town ordinances.

Set up a meeting to discuss and vote. I would also vote on a new president just to let this guy know he isn't King of your condo building.

V.,
I think it's actually illegal to not provide heat. I know that if the temp drops below a certain degree, you have to have heat. I may be wrong, but I don't think even the gas company can shut off your heat in certain months. It seems like this guy is a tyrant. Have you spoken with any of your neighbors about replacing him? If you all agree, call a meeting and address the issues. If the boiler can't handle it, then it's probably time to upgrade.

maybe the board may want to consider having a management company step in. our condo building also had issue with heating be turned as the weather temps got colder. while we have a board, the management company i felt was more unbiased and considered everyone's complaint/reasoning on when to turn it on. it seems ridiculous that one person will make a decision like without considering everyone's needs. if it matters, our assessment is about $300.