Is our Board Adhering to the Requirements of the Illinois Condominium Act?

Section 18.4 (h) of the Act which pertains to the “Powers and Duties of Board of Managers” states that the powers of the Board of Managers include:

“To adopt and amend rules and regulations covering the details of the operation and use of the property, after a meeting of the unit owners called for the specific purpose of discussing the proposed rules and regulations."

The Act goes on to state that:

"Notice of the meeting shall contain the full text of the proposed rules and regulations, and the meeting shall conform to the requirements of Section 18(b) of this Act, except that no quorum is required at the meeting of the unit owners unless the declaration, bylaws or other condominium instrument expressly provides to the contrary."

This section of the Act has certain guidance regarding such rule changes:

"However, no rule or regulation may impair any rights guaranteed by the First Amendment to the Constitution of the United States or Section 4 of Article I of the Illinois Constitution including, but not limited to, the free exercise of religion, nor may any rules or regulations conflict with the provisions of this Act or the condominium instruments. No rule or regulation shall prohibit any reasonable accommodation for religious practices, including the attachment of religiously mandated objects to the front-door area of a condominium unit."

In other words, no rule changes can be discussed or voted, unless previously posted or mailed to all of the unit owners. The Act has specific guidelines for the method and proper allowance of time for unit owner notification.

Members of the Board of Managers are required, as part of their fiduciary duties, to be aware of the Act. Asking other members of the board to check on the accuracy of board action is not in accordance with the duties and obligations. Each board member needs to be informed and aware, and follow the rules. Just as we unit owners are to follow the rules.

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References, Comments, Errors and Omissions:

1. Highlights above are mine.