Board can vote even if no owners in attendance
Q. The board of our condominium frequently meets in executive session as part of its regular board meetings. Unit owners are excused from the meeting at that time. After the executive session, the board goes back into an open session, the door to the meeting room is opened, and the board votes on the matters we discussed in the executive session. There are typically no owners who stay around for this part of the meeting. Can the board still vote if there are no owners present?
A. Owners have a right to be present at the portion of board meetings required to be open to the owners. However, it is a board meeting. As long as there is a quorum of the board present, the board may vote whether or not there are any owners in attendance, as long as the vote is taken in a portion of the meeting that is open to owners.
Q. Our association is converting from steel key access to key fob access to the common entrances for our building. The association is going to give each unit a specific number of key fobs and the association will charge for additional key fobs and may even deny a request for additional key fobs. Can the association do this?
A. As long as the number of key fobs given to each unit at no additional charge is "reasonable," I don't necessarily have an issue with charging residents for additional key fobs over and above that number. But the charge for the additional key fob should be "reasonable." For example, there should not be an issue charging the actual cost to the association for each additional key fob.
I absolutely understand the security reason why associations want to limit the number of key fobs that are distributed to residents. However, an association may have a difficult time rationalizing a limit that would not put a key fob in the hand of every occupant of a unit who needs one.
Q. The annual meeting for our association is coming up, and the election of board members will be hotly contested between incumbent members of the board and others. Can a board member who is a candidate for re-election solicit proxies for the election from the owners?
A. Any member of the association can solicit proxies from the owners. As such, any candidate for the board, whether or not currently on the board, could solicit proxies from the owners. Note that associations can generally adopt rules that would provide for voting in elections by mail-in ballot or electronic means, and that would prohibit the use of proxies in elections. This can eliminate "proxy" wars or the all too frequent awkward encounters between owners and candidates who are soliciting proxies. I know of owners who won't answer the door of their unit during the run up to the annual meeting to avoid being solicited to give their proxy to a particular candidate. That is because these encounters typically include a pitch as to why the owner should compete the proxy in favor of certain candidates. Mail-in balloting or elections conducted electronically should eliminate these issues.
Q. I have two questions. Can a unit owner videotape a board meeting? If so, does the owner need to announce that to the owners at the meeting?
A. An owner in a condominium or master association is permitted to audio and videotape board meetings or portions thereof required to be open to owners. However, the board is permitted to and should prescribe reasonable rules and regulations to govern such recordings. Without such a policy, the taping of meetings can be disruptive and create safety issues.
The statute that permits owners to tape the open potion of a board meeting does not require the owner to announce they are taping the meeting. The board could adopt a rule, among other rules regarding taping of meetings, that would require the owner to advise the chair of the meeting that it will be taped. The chair should then announce this to people in attendance at the meeting.
• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.