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 How Associations Deal with a PROBLEM UNIT OWNER who Keeps “Popping Up”


n the often-sizable time span of owning property within a shared-interest community, it is likely one will encounter a “problem unit owner.” You may have encountered one of these individuals: they pop up with a demand or accusation in one area and you race to address it. Just as you think you’ve solved that issue, the same individual resurfaces on another topic with another complaint or question, so you rush off in that direction to find a solution. No sooner do you resolve that matter, then the unit owner now is focused on yet another perceived dilemma. Whether this homeowner’s problematic behavior arises out of excessive demands, or litigious actions, the following are a few tools board members can add to their toolbox when dealing with these individuals.


I


By Zachary M. Pollack, J.D., Executive Director, The Building Group


First – not everything requires a response. Often board members want to respond to every homeowner inquiry, request, or similar communication. While this might be the most neighborly thing to do, in practice their obligation to respond is limited by laws affecting condominium associations. If a homeowner becomes difficult - sending excessive communications or making unruly demands - a good strategy might be to notify the homeowner of what the association’s obligations are regarding a response, and thereafter only respond when required by law. By way of example, a homeowner might request the contact information for all homeowners in the building, however most applicable laws often state that homeowners are not entitled to receive other homeowner’s email addresses or telephone numbers. If the “problem unit owner” continues to request this information, a board member may make them aware that they are not obligated to furnish this information, and thereafter not respond. Board members should consult the association’s attorney when seeking more information about what these minimum responsive obligations are.


www.cai-illinois.org • 847.301.7505 | 47


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