Q: “I am on the board of directors of a condominium building in downtown Chicago. Since the stay-at-home order, all of our building’s amenities – like the fitness room, pool, and lounge – have been closed. Are unit owners entitled to a refund or waiver of a portion of their monthly assessments?”

Answered by Christopher Heintskill

The answer is: “no.” Section 18(o) of the Condominium Act expressly prohibits condominium boards from forbearing assessments.  In fact, most condominium declarations and by-laws make it clear that unit owners have obligations to pay assessments regardless of whether or not they use the building’s common elements or amenities. To understand why, it is important to keep in mind that the money that unit owners pay each month goes towards more than just building amenities; the association still needs to pay insurance premiums, building staff, outside vendors that provide critical services such as garbage pickup, and utilities like electricity, gas, and water.  And so even though the small percentage of unit owners that typically use your building’s fitness center has been unable to do so, unit owners are not entitled to get any portion of their assessments back.