The Next Phase of COVID-19 Implications: Reopening, Effect of Vaccines, and Conducting Business
- Non-member - $75
- CAI Homeowner Leader Member - $25
- CAI Manager Member - $25
- CAI Student Member - $25
- CAI Management Company Member - $25
- CAI Business Partner Member - $25
- CAI Affiliate Business Partner Member - $25
- Non-Member Homeowner Leader - $75
- Non-Member Manager - $75
- Non-Member Management Company - $75
- Non-Member Business Partner - $75
Duration: 1 hour 15 minutes CE Credits: 1.50 Hours
This presentation will examine how “business as normal” will be forever changed by the COVID-19 pandemic as it relates to community associations. Meetings and board elections that were once held in person may have virtual components long beyond the end of the pandemic as people become more comfortable in an online world. We will discuss needed rule changes to ensure that Board elections are conducted smoothly and in compliance with the Illinois Condominium Property Act while allowing individuals who so choose to vote without being physically present at the annual meeting. Additionally, as more people continue to work from home even after many offices reopen, we will discuss budgetary implications such increased “usage” of building facilities may have. We will also detail best practices for reopening association amenities as our state moves into looser standards on the number of people that can be present and more residents become fully vaccinated. How can an association best protect itself from liability exposure for reopening pools, gyms, and other amenity areas in response to growing pressure from unit owners while insurance policies have explicitly excluded coverage for infectious diseases. Are signs enough? Or should community associations take a more proactive approach? Finally, this presentation will delve into enforcement issues arising out of the various restrictions that have been required and may continue to be required as a result of the pandemic.
Saul Ewing Arnstein & Lehr. LLP
Elizabeth focuses her practice on counseling community associations both in litigation and on day-to-day operational issues. Elizabeth’s litigation experience includes litigating constitutional claims, administrative review actions, government investigations, and business litigation, such as preliminary and permanent injunctions, declaratory judgments, insurance issues, breach of fiduciary duty claims, and breaches of contract, in state and federal courts throughout the country.
Elizabeth offers the following services, among others, for community associations:
*enforcement of association governing documents, including seeking injunctive relief and governing rule violation proceedings from start to finish;
*amendment of association governing documents, including amendments to condominium declarations to comply with the Illinois Condominium Property Act, amendments transferring limited common elements (such as parking or storage spaces), and substantive rule change amendments (such as prohibiting smoking or limiting rentals);
*advice on collection of unpaid assessments;
*review of association contracts, including but not limited to management contracts, elevator maintenance contracts, landscaping contracts, bulk cable and internet contracts, pool maintenance contracts, laundry contracts, parking contracts and construction contracts;
*review and provide advice regarding financing options for large-scale projects, including review of proposed loan terms and assistance in loan closing and requirements for special assessments;
*resolution of disputes between homeowners and the association; and
*assistance with board meetings, membership meetings and board elections.
Elizabeth also has experience handling complex commercial litigation matters, in administrative, state, and federal courts. She has also litigated appeals in the Illinois Appellate and Supreme Court, and the Seventh and Eighth Circuit Court of Appeals, including preparation of appellate briefing and oral argument.
Prior to joining the firm, Elizabeth clerked for the Chancery Division of the Circuit Court of Cook County. There, she had gained experience researching and drafting opinions on a variety of equity issues, including insurance declaratory judgments, constitutional questions and administrative review cases.
Saul Ewing Arnstein & Lehr, LLP
David Sugar focuses on real estate and corporate matters, especially the representation of condominium associations and common interest community associations in connection with statutory compliance and governance issues, covenant enforcement, capital project loans, litigation and developer disputes. David represents many of Chicago's largest condominium developments, and works with associations from conception through maturity, including guidance for new associations making the transition to unit owner control.