Q. I am on the board of directors of a self-managed condominium association. There has been discussion among the board over whether to mandate that condo owners must wear face masks while in common areas. Does the board have the authority to do so?

A. Pursuant to section 18.4(a) of the Condominium Act, the board of directors is granted broad authority to administer the common elements, which includes the power to adopt a policy and/or rules and regulation mandating the use of face masks in the common elements to protect the health, safety and welfare of residents. A face mask mandate should contain an exception for persons under the age of 2, or people with medical conditions or disabilities that prevent them from safely wearing a face mask.

It should be noted that many municipalities within Illinois are requiring the use of face masks in public places, especially where people cannot socially distance a minimum of 6 feet. In that regard, elevators, hallways and other common areas are small spaces where people cannot socially distance a minimum of 6 feet. Further, many Illinois and Chicago guidelines suggest or require the use of face masks in different situations for residential buildings.

Q. I understand Chicago Mayor Lori Lightfoot imposed a restriction, effective July 24, asking residential property managers to limit guest entry to five per condo to avoid indoor gatherings and parties. What can a condominium association do to stop condo owners from bringing in more than five guests?

A. It is well-established law via applicable statutes, and the condominium declaration and bylaws, that the board of directors is the governing body of its condominium association and administers the association. Besides notifying residents of applicable city and state restrictions, the board has the power to adopt temporary policies and rules to limit the number of guests per condo. Similarly, the board may limit the size of groups using shared amenities as it deems appropriate.

For violations of association policies or rules, the board possesses remedies allowed under the Condominium Act, and its declaration and bylaws. Those include levying fines or filing a lawsuit for mandatory permanent injunction for repeated violations.

Q. I live in a condominium association where the board closed all the shared amenities since March relating to the COVID-19 outbreak. I pay assessments for use of the common elements and believe that if those amenities are temporarily closed, I should receive a credit on my assessment obligation. Am I entitled to an assessment credit?

A. Pursuant to section 18.4(a) of the Condominium Act, and reciprocal provisions in condominium declarations and bylaws, the board of directors administers the common elements and can regulate the closure of such amenities. Section 18(o) of the Condominium Act prohibits condominium boards from forbearing assessments; thus, the board cannot give credits to owners off their assessment obligation.

As a practical matter, the budget is based on estimated fixed costs for the association items, including payroll, insurance, and utilities, as well as maintenance, repair and replacement of the common elements. Even a nominal savings for temporarily closing an amenity does not invalidate the budget as a whole, or change the assessment obligation of owners. In fact, other line items could be more than the budgeted amount, for instance, disinfecting regularly the common elements related to COVID-19.

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