As of 2015, changes to the Illinois Condominium Property Act and the Illinois Common Interest Community Association Act allow associations to adopt electronic notice and electronic voting. This modernization of associations requires that the board pass Rules & Regulations to add these changes, but they do not need to be made in an association’s bylaws.

Once an association has created Rules & Regulations to allow for electronic noticing and online voting, the board can then take advantage of technology to send notices to owners and conduct association votes online for owners that have not opted out.

To learn more details and requirements, see this article from condo law attorney James Stevens of Chuhak and Tecson.

Learn how to properly adopt Rules & Regulations for your condo association with Chicago Condo Resource's "Creating Rules & Regulations Made Easy" videos. (Available to Subscribers only.)

Email has become one of the most common forms of communication in business. It is so ingrained in our everyday lives that we rarely consider the implications of email communication. However, emails can be tricky for condo boards in several ways. First, emails can be saved, stored and forwarded. Once something is emailed, it cannot be taken back and the message can live on forever. Second, unlike in person or telephone communication, it is difficult to gauge a person’s tone or intention from written communication. An email can easily be read in a way that it was not intended to be when it was written.

For these reasons, board members should limit discussion on specific matters to executive sessions where they can legally talk in person and off the record. These matters include:

  1. Litigation
  2. Hiring/firing employees
  3. Rule violations
  4. Unit owner’s unpaid assessments

If email must be used for an association-related reason, email communication with the association attorney should be avoided from a work email address. Such emails may not be considered private and as a result could be subpoenaed via your employer for litigation evidence. A good way to avoid problems is to create email accounts specifically for association or board-related communications.

Read more here.

On August 25, the Snow Removal Service Liability Limitation Act became effective. This act voids certain indemnity agreements that are common in condominium association snow removal contracts.

The Act (which contains a lot of legal language) essentially limits liability provisions in snow and ice removal contracts relating to lawsuits arising from damages incurred as a result of the service. If your association has an existing snow and ice removal contract, your board should have it reviewed by a qualified condo law attorney.

For details on the language contained in the Act, click here. 

Beginning on January 1, 2017, both the Common Interest Community Association Act and the Condominium Property Act will be amended. This amendment will outline the instances in which a board will be allowed to close a noticed meeting or meet separately from a noticed meeting. These instances are listed below.

  • To discuss probable or pending litigation
  • To discuss third party contracts or information regarding appointment, employment, engagement, or dismissal of an employee, independent contractor, agent or other provider of goods and services
  • To interview a potential employee, independent contractor, agent, or other provider of goods and services
  • To discuss violations of the rules and regulations of the association
  • To discuss unit owners' unpaid share of common expenses
  • To consult with the association’s legal counsel

This effectively allows for the board to discuss specific association business in workshops held without notice and without owners in attendance.

If your condominium association has not yet put a snow removal contract in place, now is the time to do it.

Many companies actually finalize all of their seasonal snow removal contracts before summer even ends. Don't wait until the first flakes fall to make sure your property will be cleared of snow and ice. 

Contact a HausFS Recommended Vendor now and rest easy this winter. 

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