This neutrality and objectivity relative to following and enforcing the rules directly impacts the integrity of the game. Should a referee depart from objectivity and evenhandedness in enforcing the rules, everything related to the football game will be called into doubt. Fans, players, and the game itself rely upon the obligations of referees to understand and follow the rules.
Many condo and HOA board members wouldn’t look their best wearing black and white referee zebra stripes. Whatever attire they may choose, boards are similarly bound to apply rules for handling homeowner delinquencies objectively and without bias — it is the one keystone of their roles. Delinquencies occur in a wide variety of circumstances and can be excused by rationales that may be compelling. However, the statutory and contractual obligation for boards to uniformly collect assessments and not to “forebear” such collections is a hallmark of board members’ fiduciary duty to the unit owners they serve.
Like referees, enforcing the rules in this manner is not a choice for board members. The training and preparation for handling delinquencies must come with a basic understanding that the collection process is the vehicle by which unit owners contribute funds to maintain and administer the shared property. Upon buying a unit, each unit owner agrees to the shared covenant to pay assessments that binds all unit owners in common living situations. This covenant requires every unit owner to pay their fair share as a condition of ownership. It represents a promise that the right to enjoy the benefits of cooperative living is based upon shared contributions to the common living space.
Every declaration of every homeowner association contains detailed mandatory contractual language regarding the consequences of common expense delinquencies. Moreover, the Illinois Condominium Act and the Illinois Eviction Act provide a fully fleshed out set of remedies to be utilized and enforced by associations relative to unit owners.
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