Can owners question board members at meetings?

Q. Our association recently changed management companies. Prior to the change, at the start of board meetings, there was an open session where homeowners could ask the board questions, request repairs or provide commentary. The new management company sent a letter to homeowners indicating questions will have to be submitted in advance of the meeting and only those would be answered. There is no more open forum. Is this legal?

A. While unit owner forums have become a custom and practice at many board meetings, the answer to your question depends on the type of association. A unit owner forum is not required in a condominium or in a master association, so the board of these associations has the discretion whether to include an owner's forum at board meetings.

However, the board of a common interest community association must reserve a portion of the board meeting for comments by members of the association. That said, the duration and meeting order for the member comment period is within the sole discretion of the board of a common interest community association.

Whether required by statute or voluntarily included if not required, these forums are intended as a general comment period for unit owners. A specific amount of time could be allocated at the meeting (generally at the beginning or end) for this purpose. The time allocated for the forum should be relative to the length of the meeting, and it should take up a relatively short portion of the meeting. The time limit should be announced at the beginning of the forum so it does not create the incorrect impression that an owner is being arbitrarily cut off when time expires.

If an owner has anything substantial to address with the board, the owner should contact the board in advance so that the matter could be formally placed on the agenda, if appropriate. Similarly, most associations have a process in place for an owner to request repairs, so it should not be necessary to do so at a board meeting.

Q. I was recently voted to the board of directors of the condominium association where I live. I have a question about the risk for lawsuit filed against the condominium, the board or me. What legal risks do I have as a board member and if there is a risk, what can I do to minimize such risk?

A. It would be difficult to describe all of the potential exposures to liability that a board member may have. However, as a practical matter, the exposure to liability for actions as a board member is relatively low.

The best way to reduce or avoid that risk is to follow the law concerning associations, follow the association's governing documents, and to rely on the guidance of professionals when appropriate. The covenants for most associations include some sort of indemnification of board members in the event they are sued. And of course, the association should procure directors' and officers' liability insurance.

Q. The board of our condominium association meets from time to time with the association's attorney. Does this meeting have to take place in a portion of our board meeting that is open to all unit owners?

A. In general, meetings of the board of managers of a condominium must be open to any unit owner. However, the Illinois Condominium Property Act includes, among the various matters for which the board can meet in "closed session," consulting with the association's legal counsel. Note that such a meeting with counsel can take place in a closed portion of a noticed board meeting or in a gathering of the board members separate from a noticed meeting. It's up to the board how it wants to proceed.

This Illinois Common Interest Community Association Act includes that same language for meetings with counsel of a common interest community association.

• 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.