Q&A: Elevator Maintenance Charges

Q. Ours is a 96-unit multi-unit building with 12 tiers of eight condominium units per tier. There are two units on each floor in each tier. Each tier has an elevator that serves the second, third and fourth floor units and there is an elevator stop at grade level. The first floor is a few steps above street level and there is no elevator stop for the first floor units. There are two units that have access to and use the elevators at each floor where the elevator stops.

At present the annual cost for elevator maintenance is included in the annual operating budget and all owners, including those who do not use the elevators, pay according to their percentage of ownership. In recent years the cost of elevator maintenance and repair has increased and first-floor unit owners are asking why they are paying for the elevators they can’t use.

This raises two questions:

1. Does the Illinois Condo Act allow a board to amend our declaration and declare the elevators to be limited common elements assigned to the 72 units that use the elevators? 

2. How can the board amend the Declaration and/or bylaws so that annual maintenance cost is only charged to those units that use the elevators? 

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