My question involves a condominium located in the State of: Illinois
Recently our Board approved a project over the $5k maintenance/repair limit for common elements stated in the bylaws. The project was to replace radiator vents in everyone's unit to help balance the heating system.
As background, there has been a consistent heat balancing issue for at least the last 7 years. (i.e.: In the winter, owners on the top floor get too hot. And, owners on the first floor are too cold.) And last year the Association insulated the roof during a roofing project and wrapped the pipes in the basement - increasing the heat balance issue for both parties. In the past, it has been stated (in minutes (2009) that "the maintenance of radiators, vents, and valves are the responsibility of the owner and need to be maintained at their own cost."
So my question surrounds "Did the Board follow the bylaws correctly when it comes to approving this project and the expense?"
a) March 2013: Board considers "a one time replacement" of all radiator vents as an overall system balancing project for $6k+. Board declines the project because there is not enough money to do the project during the budgeted year.
b) November 2013: Board reconsiders the project and approves the $6K+ project w/out Association vote, explanation of cost, or notice. Board states because the radiator vents are part of the heating system, they can replace them without Association approval. Some units did not even need them replaced.
c) As reminder, in the past the radiator vents have been noted as an owner expense not a common element.
Each of these statements above contradict the other.
1) Did the Board follow the bylaws correctly when it comes to approving this project and the expense?"
2) Where do the powers of the Board start and stop regarding approval of expenses over $5K?
3) When do approval of costs need to go to Association vote?
4) Does the Board have a legal right to pay for individual owners parts out of Association dues? (Especially when some owners didn't even need them replaced but were forced to.)

