A quick rundown on Boards and Board meetings:

  1. Only one owner per unit may serve on the Board, and each Board member must be on the deed to the property.
  2. Your Declaration & By-Laws will stipulate how many Board members are required by your association.  They will also outline the method by which the number may be increased or decreased.  A minimum of 3 members is always required.
  3. In order for a Board to meet and conduct business, a quorum must be present at the meeting.  The quorum is typically a majority.  A quorum of 2 is required for Boards comprised of 3 members, for example.  Those two Board members may make decisions on behalf of the association.
  4. Board business must be conducted in person.  Board members cannot vote on association business by email, though they may discuss items of business prior to an official meeting in person or by email.  
  5. At least 48 hours' notice must be delivered to all owners prior to a Board meeting (your governing documents may require more).  Notice may be delivered by email or fax if an owner has agreed to be notified in that manner.
There are differences between being a member of the association and being a Board member, and owner meetings vs. Board meetings.  We'll discuss member meetings and voting in our next posting!

Does it seem like your Board is meeting every month, or do you rarely hear about Board meetings?  While some associations tend to have the need to meet more often, the IL Condo Act specifies minimum requirements for the number of Board meetings your association must conduct annually.

All condo association Boards must meet four times a year in addition to conducting an annual meeting, during which Board elections are held.  Your Board may choose to combine the annual meeting with one of the four Board meetings required.

The Board must provide meeting minutes to document each annual and Board meeting conducted.  If you are concerned that your Board is not meeting the requirements of the IL Condo Act, you may request to inspect copies of the meeting minutes to determine if they are compliant.   

It's a good practice for Board members to set the date for the next Board meeting before they adjourn the current meeting (while they still have association business on the brain).  Some Boards even plan out their full year of meetings at once. If your Board has a habit of putting off meetings, these tricks can help you to stay on track.

As we prepare 2009 Refuse Rebates for our clients, we are finding many who used to be eligible for the Rebate no longer qualify.

In particular, if you use Allied Waste or Groot, who previously included recycling in their pickup service through post-collection sorting (they either sorted the recyclables from the regular waste or required owners to use Blue Bags when tossing recyclables into their containers), and you don't have separate containers for pickup of your recyclables, you are not eligible for a Rebate.  As many already know, the Blue Bag program has been out of commission for some time now.

The City of Chicago requires that your association have a recycling program in place in order to receive your annual reimbursement (up to $75/unit).  The easiest way to ensure that you are eligible, and the most environmentally-friendly option, is to contract for separate recycling pickup for your building.  Contact your waste hauler for more information.

We are always advising Board members to be careful about what is recorded in meeting minutes and shared with owners.  Not only can a potential buyer review the minutes and potentially find reasons not to proceed with a purchase, Board members could leave themselves vulnerable to defamation lawsuits if they include notes that reveal personal information about an owner.

Meeting minutes should also be approved by the Board at a subsequent meeting to ensure that they are accurate before they are made available to owners.

For more on recording minutes, read our article  "Board Secretary getting carpel tunnel? Take the pain out of taking Board meeting minutes!"

You can also download our Guide to Conducting a Condominium Association Meeting in the Forms & Templates section for additional information and sample minutes.

 

Your association's general insurance policy should cover your building at its full replacement cost.  It is the Board's responsibility to obtain adequate insurance for the association.  Failure to obtain proper insurance could leave the Board personally responsible if a claim is made and coverage is not sufficient. 

Speak to your insurance agent about having a building replacement cost appraisal done to be sure that your policy contains the appropriate coverage amounts.  

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