Condominium declarations state that unit owners cannot modify limited common elements without board approval.
A condo association's declaration and bylaws may set a limit on the amount of money that can be spent without the approval of a majority of unit owners. Such spending limits, however, don't apply when the money is being used to repair or replace the common elements.
A: Spending limits contained in a condominium declaration and bylaws are valid, however, Section 18.4 of the Condominium Act does contain an exception which expressly states that such spending limits “shall not be applicable to expenditures for repair, replacement, or restoration of existing portions of the common elements.
Q: The board of directors in my Chicago condominium association recently approved retaining a real estate agent to market our property to procure purchase offers to sell the condominium building. I question the legality of this board action because the board has not yet obtained 85% unit approval to sell the building. Am I correct the board action is improper without 85% approval?
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