Q: The pool at our association has become a popular destination for trespassers on weekend evenings. These folks simply climb over the fence that surrounds the pool. One of the board members has suggested installing barbed-wire at the top of the fence, or having the fence electrified. Is this permitted?
A: Most municipalities have ordinances that prohibit barbed wire, razor wire or other sharp material to be installed on pool fences. Similarly, most municipalities have ordinances that prohibit aboveground electrically charged pool fences.
The board should consider installing "no trespassing" signs and some sort of surveillance cameras, then post signs that advise the pool area is under video surveillance. Installing some sort of additional lighting at the pool may also discourage this activity.
Q: The board of directors of our condominium association is adopting a special assessment to shore up the severely underfunded reserve account. The board proposes to give owners two options to pay the special assessment. The first option is a lump-sum payment; the second option is payment in installments over 12 months. Can the association charge interest on the installment payment option?
A: Interest is a sum paid to a lender for borrowing money. The association is not lending money to the owners who select the installment payment option for the special assessment here. As such, it would not be appropriate for the association to charge interest on the installment payments of a special assessment.
The association may be able to charge an administrative fee to those owners who select the installment payment option. Any such administrative fee should reflect the cost to the association of administering the installment payment option.
Q: A unit owner is leasing her unit in our association in violation of a leasing restriction amendment. The tenant has a key fob to get into the common element doors of the condominium building. Can the association deactivate the fob to prevent the tenant from accessing the building?
A: Unless and until the association has a court order terminating the tenant's occupancy, the association would be in legal jeopardy if it deactivates the tenant's key fob. That is, simply deactivating the key fob without such a court order would likely be deemed a wrongful eviction. That could expose the association to liability for damages.
Q: A mischievous youth in our association has a drone with a camera. He hovers the drone low over the swimming pool and the "rumor" is that he could be taking photos of people in their swim attire and posting them online or in social media. Can the board adopt any sort of rules to address this?
A: Hovering a drone low over the association's swimming pool may create a safety issue for people using the pool. The board could consider adopting rules to regulate the flying of drones at the association, and the rules could bar flights over the pool area.
The taking of photos of pool-goers to be published on a website or social media, without the permission of the person being photographed, raises significant legal issues. Persons appearing without their permission online should consult with an attorney as to their own remedies.
Q: Our association is in the process of amending the declaration of covenants and bylaws. The board has been collecting proxies from owners for the meeting that will be scheduled to vote on the amendment. A couple of the owners who submitted proxies have sold their units. Can we still use those proxies for the meeting?
A: The proxy of a unit owner will be invalid once that owner closes on the sale of his or her unit. The new owners of units that have been purchased should be contacted about providing a proxy.
• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.