Q-What is the legal definition of an “open meeting”? Are unit owners permitted to participate during the portions of the meeting where old and new business are discussed by the board? Are unit owners permitted to introduce motions and amendments?
A-The definition of an “open meeting” of a condominium board is a gathering of a quorum of the board members for the purpose of conducting board business. This definition means that a gathering of a majority of the elected board for the purpose of making decisions on association matters is a legal meeting.
Unit owners are not permitted to participate in any portion of a board meeting. The board may set aside a portion of the meeting or session before or after the meeting for unit owner comments on association matters.
However, owners are not permitted to discuss or introduce motions or amendments on any matters pending before the board.
The open meeting provisions of the Illinois Condominium Property Act follow the same process as a for-profit corporation where the shareholders elect board members to make business decisions.
Like shareholders, unit owners elect directors to run the business of the association and cannot interfere with the authority given to the board.
Q-I live in a 50-unit condominium which is slightly over one year old. Our board was elected last September and the next annual meeting is scheduled for this October.
There is an extreme lack of communication among the board members. The president and treasurer of the association discuss what they think should be done and then go ahead and make decisions without advising the other board members.
Recently, these officers decided to order the removal of all cars from the parking area for garage cleaning on a holiday weekend without advising the other board members.
Should the board members advise the unit owners when they have a meeting so owners can attend and hear the discussion?
A-A condominium board cannot make a decision without a vote of the directors at an open board meeting. With the exception of emergency actions, Section 18(a)(9) of the Illinois Condominium Property Act requires a formal vote on all matters at an open meeting.
Section 18(a)(9) also requires that the board give the unit owners at least 48 hours’ notice by mail or hand delivery. Copies of meeting notices must be posted in the entranceways, elevators or other conspicuous places on the condominium property.
If the directors do not follow the procedures described by the act, their meetings are illegal, and decisions taken at those meetings are invalid.
Q-Do condominium rules concerning election proxies apply to condominium associations like mine with 12 units, or do they only apply to larger condominiums?
The condominium declaration I received is dated 1972. How can I obtain a more recent copy?
A-The rules concerning the use of condominium election proxies apply to all condominiums regardless of the number of units.
The condominium declaration you received may still be the current copy of the document. Assuming that you received this copy from your seller, the former owner would have obtained any amendments.
Ask your association president if any amendments exist, and make sure you get a copy of these changes. If the declaration has not been amended since 1972, you may suggest to the president that 22 years of changes in the law warrant a new document.
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Mark Pearlstein, is a Chicago attorney who specializes in condominium law. Write to him c/o Condo Log, Real Estate Section, Chicago Tribune, 435 N. Michigan Ave., Chicago, Ill. 60611. Sorry, he can’t make personal replies.
