A recent decision by the Illinois appellate court has outlined clear legal requirements for executive (closed) meetings of condominium boards, particularly in regards to owner violations.

Condo boards can meet in a closed session to discuss certain matters, including owner violations of Rules and Regulations or of the Declaration and Bylaws. Unit owners do not have a right to attend or observe closed meetings. Any vote to take action on those matters must be held in an open board meeting.

Generally boards have not taken minutes of these closed meetings, however, a ruling in Boucher v. 111 East Chestnut Condominium Association has determined that condo boards must take minutes of an executive session if a quorum of the board is present. Minutes must include the following:

  • Date
  • Time
  • Attendees
  • Presence of Quorum
  • Purpose of the Closed Session
  • Time called to order and time of adjournment

For more details on the case (including some eyebrow-raising specifics on the behavior of the owner fined for violations), click here.

 

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