In the photo over 95% or greater of the scope of work was performed on the roof over two GLCA Board of Managers condominium units despite the fact that we were told the entire roof was to be included in the scope of work.
On September 8, 2023, disclosures made by unit owners revealed that an insurance claim payment from Reliable Adjusting Company had been improperly utilized for purposes other than its intended use. Evidently, the GLCA Board of Managers filed an insurance claim without my knowledge as a unit owner with voting rights, regarding wind damage resulting in missing shingles. It was conveyed to me that due to the unavailability of matching existing shingles, the decision was made to replace the entire roof. Subsequently, compensation for the claim was duly received in November 2022.
I composed a correspondence to the GLCA Board of Managers:
I am reaching out to provide an update on our roof repair project following my conversation with Eldridge Roofing this morning. Through this discussion, I have gained a clearer understanding of the previous activities, the scope of work involved, and a recommended course of action moving forward.
As per the information I acquired, Reliable Adjusting Company disbursed a claim specifically for the Garrison Loft and Condominium Association (GLCA) to address missing shingles resulting from wind damage on the School roof situated at 1105 N. Court Street. Given the unavailability of matching shingles, Reliable Adjusting Company sanctioned the replacement of shingles for the entire roof. Consequently, a payment was processed, with the first check adjustment dated October 17, 2022, and payment expected in November 2022.
Furthermore, we have received approval for a second check to cover recoverable depreciation upon completion of the project.
The scope of work encompasses various tasks such as addressing flashings, skylights, chimneys, surveying homeowners, obtaining permits, and other related matters. However, I wish to draw attention to a significant concern. Due to unforeseen project delays, we have surpassed the 180-day window within which the GLCA was required to address certain project costs, including permits and aspects of the ice and rain shield application. This delay may potentially result in additional expenses to initiate the project.
In light of these developments, I propose that we proceed promptly with the initial payment, given my high level of confidence in Eldridge Roofing. This will enable us to schedule the scope of work before the onset of the changing season, which is crucial for roof work in Illinois.
Thank you for your attention to this matter, and I eagerly await your guidance on the subsequent steps.
On September 14, 2023, in a personal email addressed to me, the GLCA Secretary, Mary Hahn, mentioned that the scope of work entailed the installation of ice and water shields beneath the shingles. Additionally, the adjuster’s report outlined the inclusion of ten window screens and 113 linear feet of gutter guard. Upon my inquiry regarding the scope of work and subsequent recommendation…
GLCA Secretary Mary Hahn responded with the following statement on September 14, 2023.
“Your suggestions are good, but all the information gathering was done roughly a year ago. It is now time to have the work done to avoid further damage to your condos. We are all set to go with Eldridge Roofing. I was very impressed with the detail of the work to be done! That decision was made last year. As you see in the letter I sent to you and the others on the board, I have copies from Mr Eldridge covering many of the topics you mentioned in the letter. You are welcome to stop by and pick one up. Only the color has yet to be decided on. You may offer your opinion on that and I will note it. Again the adjuster’s report covers screens, and those are most likely for the sky light windows. Also gutter guards are included. The work needs to be completed before bad weather commences allowing more damage to be done in the upper condos ASAP. I would hope that you would be very pleased that the work will be started shortly. I certainly am!”
GLCA Secretary Mary Hahn and GLCA President Robert Cross signed the Arvel Eldrige Roofing & Siding, Inc. agreement on September 14, 2023.
Two days before construction began on November, 1, 2023, GLCA Secretary, Mary Hahn stated she was aware that the entire roof was not included in the scope of work and did not inform me, other unit owners nor the GLCA Secretary, President Robert Cross.
On November 1, 2023, I was informed by the roofing company that the entire scope of work would not be included and I sent the following email:
GLCA Board of Directors, consisting of Robert Cross as President, Calvin Slots as Treasurer, and Mary Hahn as Secretary, would like to address the following matter:
In a previous communication, Mary Hahn, in her capacity as Secretary, stated, ‘It is now time to have the work done to avoid further damage to your condos.’ Subsequently, I had discussions with Eldridge Roofing regarding my roofing needs and the scope of the roof repair work. It has come to my attention that the scope of work only covers repairs for Calvin Slots, who serves as Treasurer, and a portion of Christopher Ross’s roof. Neither Unit 201 or my Unit 202 are included in the scope of work.
Initially, it was our understanding that the entire roof would undergo restorative measures, not limited to select members. Therefore, I request an immediate response to resolve the issues of roof leakage and construction deficiencies within Unit 202.
I hereby formally request the GLCA Board of Directors, specifically Robert Cross as President, Calvin Slot as Treasurer, and Mary Hahn as Secretary, to provide details regarding the scope of work associated with the October 2022 insurance claim. Additionally, please outline your plans for addressing the roof leaks and construction defects within Unit 202.
Regrettably, previous requests have remained unaddressed by the current and previous GLCA Board of Directors. GLCA Board of Directors, Robert Cross as President, Calvin Slot as Treasurer, and Mary Hahn as Secretary should you fail to respond to my request for the scope of work related to the October 2022 insurance claim and your intent to address roof leaks and construction defects within Unit 202, it shall be construed as a denial and noncompliance with governing condominium instruments regarding the GLCA Board of Directors acting in good faith.
On November 1, 2023, GLCA Secretary, President Robert Cross sent a personal email to me stating,
Hi Patrick,
This comes as a complete shock to me as I was unaware until your email that the entire roof wasn’t being replaced! Obviously this will have to be sorted along with the prior issues.
At our scheduled board meeting on November 1, 2023, I put forth the following agenda items for consideration:
- The GLCA Board of Directors to provide the procedures for arbitration, mediation, and dispute resolution.
- GLCA Board of Directors to describe the process for Unit Owners to fund GLCA projects as an alternative to paying HOA fees and to avoid future HOA fee increases where remaining Unit Owners bear the burden.
- The GLCA Board of Directors needs to clarify why new unit owners can access funds I’ve contributed to for 3 1/2 years, while I am unable to have my floors cleaned, and the GLCA (and Property Management services) has not addressed my service requests regarding roof leaks and other construction defects in my unit.
- Which GLCA Board of Directors authorized the removal of the signage “Private Patio Area of Unit 202” and damaged my personal property?
In response to my request, it was disheartening to find that my concerns were disregarded. Furthermore, the GLCA Secretary, who had initially solicited agenda item recommendations from Unit Owners, replied to me in a personal email to me stating: “The Annual Meeting of the GLCA has two very important functions. Those are to discuss and vote for the 2024 Board members and to discuss and vote for the Annual Budget for 2024. Additional agenda topics may be added as time allows.”
(765 ILCS 605/18) (from Ch. 30, par. 318) Sec. 18. Contents of bylaws. The bylaws shall provide for at least the following: (D) that notice of every meeting of the board of managers shall be given to every board member at least 48 hours prior thereto, unless the board member waives notice of the meeting pursuant to subsection (a) of Section 18.8; and (E) that notice of every meeting of the board of managers shall be posted in entranceways, elevators, or other conspicuous places in the condominium at least 48 hours prior to the meeting of the board of managers except where there is no common entranceway for 7 or more units, the board of managers may designate one or more locations in the proximity of these units where the notices of meetings shall be posted; that notice of every meeting of the board of managers shall also be given at least 48 hours prior to the meeting, or such longer notice as this Act may separately require, to: (i) each unit owner who has provided the association with written authorization to conduct business by acceptable technological means, and (ii) to the extent that the condominium instruments of an association require, to each other unit owner, as required by subsection (f) of Section 18.8, by mail or delivery, and that no other notice of a meeting of the board of managers need be given to any unit owner;
The Garrison Loft Condominium Association failed to comply with our governing Bylaws and the requirements for notice of board meetings.
I proceeded to respond to the GLCA Secretary with an additional request.
Agenda Items:
Roof Project Review of Creative Financing and Proprietary Transaction
- Review Scope of Work, Financing and Responsible Parties.
- Review the insurance claim payment and use of funds based on the October 17, 2022 payment of $19,669.86. The payment was for the sole use of the School Building.
- Describe the process by which the GLTMA was able to utilize $1,055.71 of these funds causing an immediate short-fall for the repair scope of work
- Describe the process by which Shane Baker was able to utilize $3,000 of these funds for the Gymnasium Building
- Determine why GLCA could not receive the payment(s) directly.
- GLCA Treasurer Calvin Slot to update the Annual Budget and disclose the Use of Funds for a second check for $12,253.83 to be received by Reliable Adjusting Company for recoverable depreciation once the project is completed.
Unit Owners Construction Defects and Services
- Outline a procedure allowing tenured Unit Owners, who have contributed to the reserve fund over an extended period, to access the reserve funds in a “first in, first out” manner. This ensures that new owners do not exhaust the reserve, thereby safeguarding the ability of long-standing Unit Owners to access the funds they have contributed over the years to address construction defects in their units and receive core services paid for.
Again, no response.
On November 14, 2023, I composed another email wherein I addressed the GLCA Board of Directors, which includes Robert Cross as President, Calvin Slots as Treasurer, and Mary Hahn as Secretary.
In light of the upcoming meeting, I kindly request that detailed financial records, meeting minutes, and board voting records be made available for review pertaining to the following:
New Construction and Alteration of Limited Common Element and Private Patio Area of Unit 202:
The undertaking involving the new construction, modification, and damage of the limited common element of the Private Patio Area of Unit 202.
Utilization of Insurance Claim Funds by GLTMA for School Roof:
Detail the procedural method through which the GLTMA utilized insurance claim funds received specifically for the School roof project, resulting in an immediate deficit for the project.
Approval of Scope of Work and “Creative Financing” for Recent Roof Repair:
Identification of the association members responsible for endorsing the scope of work and voting on the “creative financing and proprietary actions” related to the recent roof repair.
GLCA Board of Directors’ Process for Arbitration, Mediation, and Dispute Resolution:
The GLCA Board of Directors’ approach and methodology for the resolution of disputes, incorporating arbitration and mediation processes.
This will allow association members, including myself, to gain a thorough understanding of the matters to be discussed and voted upon during the meeting.
Furthermore, I understand that the agenda encompasses “Other topics to be included as time allows.” To facilitate active and informed participation, I request a detailed list of proposed agenda items submitted by unit owners prior to the meeting. This will enable me to adequately prepare for the discussions and contribute meaningfully to the proceedings. I have listed my prior response below.
I appreciate your attention to this matter and look forward to a transparent and productive meeting.
Thank you for your cooperation.
The GLCA Secretary responded by person email to me stating the agenda items included the following:
- Discussion and Vote on 2024 Board Directors
- Discussion and Vote on 2024 Budget
- Other topics to be included as time allows.
In a personal email to me Calvin Slot, the GLCA Treasurer stated, “The repairs to the roof are being done in accordance with claim 07985797, which was approved on October 13, 2022. Mary Hahn, Robert Cross, and I were not on the board when the work was approved.”
This statement is untrue. The work was indeed approved when Mary Hahn and Robert Cross signed the attached agreement with Arvel Eldridge Roofing & Siding, Inc. on September 14, 2023. In fact, Calvin Slot, the GLCA Treasurer sent me a personal email stating, “Please refer to the attached document titled “Roofing Contract 2.pdf” for verification.”
Calvin Slot, the GLCA Treasurer stated, “The one-year delay in getting the work done was due to financial difficulties from individuals who were behind on paying their HOA fees.”
To which, I replied, “This is a false statement. As per your email to me, Patrick A. Weller on Thursday, Sepember 21, 2023 at 9:40 PM, you stated “Of the 19,669.86 insurance check for the roof, Michael had Melanie write a check for our own insurance policy for the amount of 1,055.71. On November 23, 2022 the 18,614,51 dollars was deposited into the expense checking account.” The contract signed by Mary Hahn and Robert Cross on September 14, 2023, is for the precise amount of $19,669.86, which matches the value of the check. GLCA indeed had the funds for roof repair. However, Michael and/or Melanie decided to use the funds for purposes other than the intentions for which the claim funds were collected, namely, the roof repair.“
Calvin Slot, the GLCA Treasurer stated, “The current work is being financed by two individuals paying their HOA in advance to a significant amount.”
To which, I replied, “This constitutes a manifest breach of the GLCA bylaws and condominium instruments. Kindly transmit the modification to the Bylaws sanctioning these undertakings. Furthermore, kindly transmit the permit for the undertaking sponsored by the two individuals, along with the insurance policy underwriting the ongoing project financed by said two individuals. Additionally, please provide the minutes and the roster of voting members who partook in the GLCA board meeting where the motion received ratification.”
Calvin Slot, the GLCA Treasurer stated, “Other work will need to be done. Financing it will be a matter for discussion at the annual meeting on November 17, 2023. The insinuations by Patrick Weller are unfounded.”
To which, I replied, “Please retract this statement. As you are the GLCA Treasurer you had access to all financial records and documentation related to this transaction and failed to include all voting members.“
Calvin Slot, the GLCA Treasurer made no further statements and failed to respond to a formal DEMAND for records of GARRISON LOFTS & TOWN HOMES MASTER ASSOCIATION (GLTMA) and GARRISON LOFTS CONDOMINIUM ASSOCIATION (GLCA); availability for examination.