EVANSTON SQUARE
EVANSTONE SQUARE
Homeowner Resources
Managed by AGM Real Estate Group, LLC
SUMMARY
Maintenance Responsibilities
From Articles of Incorporation, Bylaws, and Declaration of Evanston Square Condominium Owners Association
Maintenance Responsibilities
Overview
The maintenance responsibilities at Evanston Square Condominium are outlined in the Declaration, Bylaws, and House Rules to ensure the property’s structural integrity, aesthetic appeal, and functionality. These responsibilities are divided between unit owners and the Association to maintain the residential character, safety, and compliance with governing documents.
Unit Owner Responsibilities
Unit Interiors
Owners are responsible for maintaining and repairing all interior surfaces, fixtures, and improvements within their unit boundaries (e.g., walls, floors, ceilings, as defined in Article 4.1), including any owner-installed betterments.
Limited Common Elements
Owners must maintain assigned limited common elements (e.g., balconies, patios, parking spaces) allocated to their unit, including cleaning oil spills in parking spaces and ensuring proper upkeep of permitted items like plants or patio furniture.
Personal Property
Owners are responsible for maintaining personal property within their units and ensuring no damage to common elements or other units.
Commercial Units
Commercial unit owners are solely responsible for interior maintenance, repairs, and decorations (including exterior-visible elements), ensuring compliance with Exhibit D to avoid noise, vibrations, or odors affecting residential units.
Insurance Compliance
Owners must obtain and maintain additional insurance for their units and personal property, covering damages not insured by the Association (Article 13.5).
Association Responsibilities (HOA)
Common Elements
The Association is responsible for the maintenance, repair, and replacement of all common elements (e.g., hallways, lobbies, elevators, roof deck), except those specifically allocated as limited common elements (Article 6).
Structural Repairs
The Association handles repairs to the building’s structure and shared systems (e.g., utilities, exterior walls) unless damage is caused by an owner’s misconduct.
Government-Mandated Work:
The Association oversees maintenance or repairs required by governmental entities, including utilities or local regulations (Article 10.10).
View Preservation
The Association prunes trees and vegetation in common elements to preserve unit views, as required by Article 11.18.
Insurance & Restoration
The Association maintains property and liability insurance for common elements and promptly repairs insured damages unless the condominium is terminated, or repairs are illegal (Article 14.4.1).
Emergency Repairs
Association Authority
The Association may undertake emergency repairs to common elements or units if there is a significant adverse impact on habitability or use of the property and funds are unavailable in the maintenance budget (Article 13.4).
Owner Responsibility
Owners must address emergency repairs within their units (e.g., plumbing leaks, electrical issues) to prevent damage to common elements or other units, with costs borne by the owner.
Board Intervention
If an owner fails to address an emergency affecting common elements or other units, the Association may perform repairs and assess costs to the responsible owner’s unit as a lien (Article 14.5).
Assessment & Funding for Maintenance
Common Expenses
General maintenance costs for common elements are funded through regular assessments, allocated based on Exhibit B’s allocated interests (Article 12.4).
Limited Common Elements
Costs for maintaining limited common elements benefiting specific units are assessed to those units, divided equally if shared by multiple units (Article 12.5).
Special Assessments
Extraordinary repairs or government-mandated work may require special assessments, approved by a majority of owners for expenses exceeding $5,000 (Article 10.4.2).
Owner-Caused Damages
Costs for repairs due to an owner’s or tenant’s misconduct are specially assessed to the responsible owner’s unit, collectible as a lien (Article 12.10).
Reserve Funds
The Association maintains segregated reserve funds for major repairs, requiring two officer signatures for transactions (Article 10.6).
Consequences for Neglecting Maintenance
Fines
Failure to maintain units or limited common elements may result in fines: $50 for the second violation, $100 for the third, $200 for the fourth, with continuing violations fined every 14 days or daily ($15/day, increasing to $20/day after a month) (House Rules, Amended Fine Schedule).
Liens & Assessments
Unrepaired damages or neglected maintenance costs are assessed as liens on the unit, with the Association authorized to collect these, including attorney’s fees (Article 12.12).
Board Remedies
The Association may perform necessary repairs and charge owners for costs, pursue legal action, or seek arbitration for unresolved issues (Articles 14.4.1, 16.1).
Liability
Owners are liable for damages to common elements or other units caused by their neglect, with costs collectible as assessments (Article 12.10).
Commercial Units
Failure to remedy noise, vibrations, or odors within 10 days of notice allows the Board to cure the issue at the owner’s expense or pursue arbitration (Exhibit D).
KEY
TAKEAWAYS
ONE
Maintenance is split between owners (unit interiors, assigned limited common elements) and the Association (common elements, structural repairs).
TWO
Owners must promptly address unit-specific maintenance to prevent damage to shared areas, with emergency repairs enforceable by the Association if neglected.
THREE
Funding for maintenance comes from regular and special assessments, with owner-caused damages charged directly to the responsible unit.
FOUR
Non-compliance results in fines, liens, or legal action, with costs (including attorney’s fees) collectible as assessments.
FIVE
Commercial unit owners have additional responsibilities to prevent disturbances, with specific enforcement mechanisms outlined in Exhibit D.
SIX
The Association ensures compliance with governmental requirements and preserves views, funded through assessments or reserve funds.