Updated language in Section 18(a)(1) of the Illinois Condominium Property Act states that Illinois condominium association bylaws can now include a residency requirement to address non-owner occupants serving on the Board. Bylaws may not require MORE than a majority of the Board occupy their condominium unit as their primary residence, however. For example, Bylaws may require that 2 out of 3 Board members be owner occupants, but not all 3.
In order to enforce such a provision, the association must amend their Bylaws to include this language. Bylaws currently requiring that Board members occupy their unit will need to update the document to clarify that no more than a majority of the Board must occupy their unit.
As with any amendment, the condominium association should consider the effect a residency requirement may have within the association. It is important to consult with your legal counsel prior to adopting any such amendment.