Board Meetings

Illinois condominium associations are generally required to conduct Board meetings in accordance with the open-meeting requirements of the Illinois Condominium Property Act.

That does not mean every conversation between Board members constitutes a formal Board meeting. It also does not mean owners have an unrestricted right to participate in Board deliberations.

The distinction between observing a meeting and participating in one is important.

Generally, yes. Associations governed by the Illinois Common Interest Community Association Act are subject to statutory Board-meeting requirements, including requirements concerning member attendance and member comments.

The answer depends in part on the type of association.

For common interest community associations governed by CICAA, Illinois law requires a portion of the meeting to be reserved for comments by members. The Board controls the duration and order of that comment period.

Regardless of the statutory minimum, many condominium Boards also provide an owner forum because it can improve communication and allow concerns to be heard before they escalate.

An owner forum, however, does not turn a Board meeting into a membership meeting. The purpose of a Board meeting remains conducting Board business.

Generally, reasonable rules governing an owner-comment period can be appropriate.

For example, a Board may establish time limits, require comments to relate to association matters and prohibit abusive or disruptive behavior.

The key is consistency and reasonableness. Rules should facilitate orderly meetings rather than selectively silence particular owners.

Boards have an obligation to maintain order.

An owner does not gain an unlimited right to disrupt proceedings merely because the meeting is open. Boards should adopt and consistently enforce reasonable meeting procedures.

Serious or recurring situations should be discussed with association counsel before the Board adopts aggressive restrictions.

Certain matters may be discussed outside the open portion of a meeting when authorized by applicable Illinois law.

Boards should remember, however, that the ability to discuss a matter in a closed session does not necessarily mean all final Board action may occur privately.

Before using closed session, the Board should determine whether the subject actually falls within a legally recognized exception.

Collection and owner-account matters can involve sensitive information and circumstances in which closed discussion may be appropriate under applicable law.

Boards should avoid unnecessarily broadcasting an owner's financial information to the community.

Certain personnel matters may qualify for closed-session treatment under applicable law. The precise subject being discussed matters.

Boards should distinguish between discussing a permitted subject in closed session and taking final Board action. When Illinois law requires final action at an open meeting, the Board should return to open session and properly vote.

Virtual and hybrid meetings can be permissible when conducted consistently with applicable statutory and governing-document requirements.

The Board should ensure required participants can hear and communicate appropriately, that proper notice has been provided and that applicable owner-access requirements are satisfied.

Notice requirements vary depending upon the association, governing statute, governing documents and type of meeting.

Boards should not assume that the notice procedure used for one kind of meeting works for every meeting. Special meetings, annual meetings and Board meetings can have different requirements.

Minutes should create an accurate record of Board action without becoming a transcript of every statement made.

Generally, minutes should identify when and where the meeting occurred, who attended, whether a quorum was present, motions made and Board action taken.

Overly detailed minutes can create unnecessary problems. Minutes should document governance, not recreate conversation word-for-word.