Legal Question in Real Estate Law in Illinois
Can the board (and/or a "quorum" of unit owners) of an Illinois condo association legally allow unit owners to voluntarily do limited (see next sentence) landscaping next to their unit without relinquishing any of the condo association's ultimate responsibility for that landscaping? The limitations would be specified by appropriate "rules and regulations" and/or by requiring prior approval of the unit owner's plans. What parts of the Illinois Condo Act play a part in your answer?
1 Answer from Attorneys
First, where is the landscaping going to go? Common Elements? Limited Common Elements? If the common elements, the association is charged with keeping them going (usually) but there is nothing that prevents the board from establishing something in the nature of a committee of unit owners to beautify the common elements as such, and even provide a budget. If the areas are common elements, then you'd have to look at your declaration as to who is responsible - association, or owners - and if the owners, then that's something that becomes more complicated and would require their ok potentially as well. If the areas are part of the surveyed/defined units, the association would not generally have the authority to force unit owners to do anything more than keep planting areas that are part of their units (or limited common elements) in proper order (which may include keeping up plantings....that originally were installed. So more information is required but that's a possible beginning point based on your post.