Q. I live in a 6-unit condo building. Our Bylaws require us to have three board members but only two owners, including myself, are willing to serve. 

We've both been board members for a long time and frankly, we're tired of the responsibility and want to step down. What happens if no one else steps up?

A. The IL Condo Act requires that every condominium association elect a minimum of three owners to serve on the board. The board then has the right and the responsibility to {mprestriction ids="1,2,3"}make most of the administrative and maintenance decisions for the association. In a small association, owners should understand that they will likely have to participate as a board member for at least some portion of the time they are in the building as an owner. It is in their best interests to contribute their time to protect the value of their investment.

It's not uncommon, however, for the same owners to remain on the board for very long periods of time while other owners refuse to participate. This certainly can lead to a lot of stress and exhaustion for the active board members. 

When it comes to functioning as a board, where two owners are serving and can agree on matters, business can still be conducted as they would represent a quorum (majority) of the board. In order for the association to incorporate with the state, however, which is recommended as a Best Practice and often necessary for any legal action to be taken on behalf of the association, the minimum of three board members must be named.

You have a few options to address the lack of involvement from your fellow owners:

  1. Resign from the board and allow the consequences to follow. This could mean that bills are not paid, services are not performed and the building falls into disrepair. However, this could prompt other owners to step up.
  2. Petition the court for receivership. This is a legal process that allows the court to appoint a receiver (often a management company) to step in and handle the duties normally performed by the board. The owners will still bear the expense of this help, however, and it could mean a large increase in monthly assessments.
  3. Investigate the option to find a buyer for the entire building and de-convert from a condominium. This would require an owner vote and a willing purchaser. However, when a condo association is no longer functioning as the community that it was intended to be, de-conversion may be an effective solution.

 

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