Q: I stay in a small suburban group affiliation and with winter snowstorms upon us, we’re on the mercy of the snow elimination firm’s schedule for snow elimination. What’s the legal responsibility for the affiliation if there’s a automotive accident on our personal street or an individual slips on a sidewalk not shoveled after a snowfall, previous to the snow being eliminated by our snow elimination contractor?
A: As a common rule of regulation, when snow naturally falls, a property proprietor is not going to be liable when harm happens; nonetheless, in contrast, when snow is disturbed by the conduct of somebody similar to snow shoveling or plowing, potential legal responsibility does exist if the conduct was the proximate explanation for an harm and there was a breach of an obligation by the person disturbing the snow.
Premises legal responsibility could be very reality particular. Typically, if there’s a delay in snow shoveling or plowing and a person slips on freshly fallen, undisturbed snow, it doesn’t robotically create premises legal responsibility.
Q: I’m an proprietor in a small condominium affiliation with three board members. We lately had an election and the brand new board member elected was so abusive, the opposite two board members resigned shortly after the election. On the subsequent board assembly, the remaining board member appointed two people to fill the vacancies of the resigned board members with out advance discover to the unit homeowners or an election. Is that this correct?
A: Part 18(a)(13) of the Condominium Act units forth the method by which a condominium board could fill vacancies on the board. The part states {that a} board emptiness could also be stuffed by the two/3 vote of the remaining board members who could appoint unit homeowners to serve till the subsequent annual election. Alternatively, if 20% of the unit homeowners file a petition to fill the vacancies for the remaining steadiness of the time period, a unit proprietor assembly shall be held inside 30 days thereafter to fill the vacancies for the unexpired portion of the resigned board members phrases.
Subsequently, in a three-person board the place two administrators resigned, the one remaining director is 100% of the remaining board members, and thus, has the authority to nominate two unit homeowners to fill the vacancies till the subsequent annual assembly until 20% of the unit homeowners submit a petition to fill the emptiness for the remaining steadiness of the time period of the signed board members.
Q: I’m on the board of a small, new-construction condominium affiliation. We’re at the moment negotiating with the developer of the challenge for development defects and it’s my understanding that current Illinois case regulation could also be advantageous to group associations which have claims towards builders. Is that correct?
A: On November 30, 2023, the Illinois Supreme Court docket unanimously upended a long time of Illinois regulation relating to protection underneath business common legal responsibility insurance policies, which is a constructive growth for group associations which have claims towards a developer of a group affiliation, as a result of such claims towards the developer could now lead to insurance coverage protection for the developer, and thus, a deep pocket to pay potential damages for development defects.
The Illinois Supreme Court docket held in Acuity v. M/I Houses of Chicago, LLC that the “your work” exception underneath business common legal responsibility insurance policies didn’t stop a contractor’s protection for surprising and unintended property damages attributable to the insured’s defective workmanship. Beforehand, Illinois adopted a comparatively slim interpretation that prevented such protection.
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