AN UNNECESSARY TANGLED MESS
Why The Proposed Rule Changes Could Hurt Your Property Value
The proposed changes from Board Leadership to our House Rules are riddled with issues. Lack of transparency, potential legal violations, unfair fines & fees, and poorly drafted regulations conspire to undermine our community’s interests and property values.
Brought to you by Drew McManus, your neighbor in 7908.
The proposed changes to our HOA’s House Rules are deeply concerning and warrant serious scrutiny. We are facing a situation where transparency, process, and fairness are being compromised.
The latest batch of bad decisions come from the current Board President, Scott Timmerman, and House Rules Committee Chair Melinda McMullen.
But even when numerous owners contacted him to explain his decision and provide a copy of the redline document, he doubled down. Here’s a copy of his form letter response sent to owner requests:
Scott Timmerman
“The HOA declaration has certain requirements for any change to the Rules and we must follow those requirements and that process. We are required to provide a clean version of the Rules to every owner and hold an Owner’s Forum before the next Board meeting where owners can ask questions or provide their opinions on the proposed changes.”
It appears that Timmerman wants to create the impression that the board must only share the final document with owners, but this isn’t true.
While the Illinois Condo Act does require owners receive a copy of the proposed changes in final format, it neither prohibits nor discourages HOA’s from providing owners with the complete redline copy and a document detailing the reason for all changes.
By suggesting that the HOA is constrained by requirements to withhold information, Timmerman is misleading owners and ultimately limiting their involvement in the process.
Speaking Truth To Power
Theodore Roosevelt is credited with popularizing the term “weasel words,” which is when language is used to evade or retreat from a direct or forthright statement or position. “Weasel Words” create an impression of something specific and meaningful being said, when in fact the statement is vague, ambiguous, or irrelevant. In a nutshell: they’re used to mislead or avoid giving a clear answer.
Timmerman’s consistent, formulaic response to owner inquiries regarding the redline document suggests a standardized approach that may not fully address the specific concerns raised by homeowners. One could see why this response, echoed by the Assistant Property Manager, might be an attempt to provide a general answer rather than a detailed explanation.
Here’s what any responsible HOA president would do:
- Acknowledge the oversight.
- Provide a complete redline copy of the proposed House Rule Changes.
- Provide a document that details the reasons for each proposed changes.
- Reschedule the owner’s meeting in order to provide adequate time to prepare feedback and questions.
GETTING THE REDLINE COPY YOU DESERVE
Delivering For Owners
Problems With The Proposed Changes
While the proposed House Rule changes contain several concerning issues that directly impact owners, here are just a few I would like to highlight.
- Unequal Increases in Storage Rental Fees: Proposed rental fees for storage lockers and rooms have unequal increases (3.2.1 Schedule of Fees / Deposits / Fines). This is unfair to owners currently renting underscores the importance of applying increases based on a percentage, equally to all rental lockers and rooms. For example, if you have a Medium Storage locker, your fees increase by 4.76% but Large Storage Locker renters see a 7.69% increase. There’s no reasonable explanation for such a large difference.
- Rules And Fees Non-Compliance: The proposed rules indicate that fees and fines can be changed by majority vote of the Board at any time (3.2.1 Schedule of Fees / Deposits / Fines). This does not comply with the Illinois Condominium Property Act, specifically Section Section 18.4.
- Lack of Owner Complaint Policy: The proposed rules continue to lack the inclusion of an Owner Complaint Policy (8. Rules Violation Process). This is detrimental to owners as it provides no clear process for addressing concerns, potential disputes, or grievances. An owner complaint policy establishes a formal mechanism for raising issues, outlines investigation procedures, and ensures fair resolution and equal implementation, fostering a more harmonious community.
- Poorly Written E-bike Storage Prohibition: The proposed rules include a new section that prohibits e-bikes from being stored in the association’s bike storage rooms, even with the batteries removed (4.6.2 Electric-Bicycles, Electric-Scooters and Other Electric-Mobility Devices). This is poorly written (such as the language concerning ‘electric personal transporters’ is vague) and unjustified. There is no safety reason to prohibit e-bikes with removed batteries. In fact, such a ban will negatively impact property values by limiting the appeal of our building to potential buyers. If safety is a concern, the association should instead focus on prohibiting the storage of lithium-ion batteries in all storage areas (lockers and rooms) and not just bike rooms.
- Preferential Treatment For Certain Providers: The HOA’s policy of waiving late fees exclusively for SNAPP, a proprietary automatic payment method with undisclosed terms, is discriminatory, creates unfair advantages over other approved automatic payment methods offered to all owners, lacks transparency, and potentially violates fair housing and contractual obligations (3.2.1 Schedule of Fees / Deposits / Fines).
What else in the proposed House Rules changes do you find troubling, problematic, or even welcome? I’d love to hear about it and I encourage everyone to share those observations with your neighbors.
THREE EASY OPTIONS
Here’s What You Can Do
- Request Meeting Postponement: Write to Board President Scott Timmerman and request that the Special Owners’ Meeting for the proposed rules changes be postponed. Nothing in the proposed rules changes is so critical that a postponement would put the Association in jeopardy. Continue to insist on receiving a detailed explanation for each proposed change. Use the form below to contact Mr. Timmerman.
- Organize and Communicate: Connect with your existing friend network in the building and invite other concerned owners to collectively address the issues. Share information, coordinate efforts, and amplify your voices.
- Prepare for the Meeting: Thoroughly review the proposed changes, identify specific areas of concern, and develop questions to ask the Board. Encourage other owners to attend the meeting. Write out your questions and statement, reading through the material out loud before attending the meeting.
Your form submission has expired. This form was associated with the 2023 Annual Owners’ Forum Meeting, which has already taken place.
Curious to learn more about some of these issues? Feel free to get in touch, I’m happy to chat.