Posting a meeting notice

Q. Our condominium association emailed owners today to give notice of a board meeting that is two days away. Two days' notice seems way too short. Is there a law that regulates the amount of notice that must be given? Our bylaws state that "Written or printed notice stating the purpose, place, day and hour of any meeting of members shall be mailed or delivered to each member entitled to vote at such meeting not less than 10 nor more than 30 days before the date of such meeting …"

A. The Condominium Property Act governs the issue here. Section 18(a)(9)(D) of the act provides that notice of every meeting of the board of managers shall be given to every board member at least 48 hours prior thereto.

Section 18(a)(9)(E) provides that notice of every meeting of the board of managers shall be posted in entranceways, elevators or other conspicuous places in the condominium at least 48 hours prior to the meeting of the board of managers except, where there is no common entranceway for seven or more units, the board of managers may designate one or more locations in the proximity of these units where the notices of meetings shall be posted.

Notice of every meeting of the board of managers must also be given at least 48 hours prior to the meeting to each unit owner who has provided the association with written authorization to conduct business by acceptable technological means (e.g., email). In addition, to the extent that the condominium instruments of the association require, notice of board meetings must also be given to each other unit owner, by mail or delivery, at least 48 hours prior to the board meeting.

And the notice also needs to be posted at the property at least 48 hours prior to the meeting. The two-day notice of the board meeting here would meet the statutory minimum, assuming the declaration does not require more notice. Emailing of the board meeting notice to owners who have authorized the board to issue notice by email is appropriate. If the declaration requires notice of board meetings to be given to all owners, such notice would have to be mailed or delivered to such owners.

The language to which you refer, requiring at least 10 and no more than 30 days written notice of meetings, likely refers to meetings of the unit owners, and not to board meetings.

Q. Can a unit owner videotape a board meeting without the permission of the board and other owners who are attending the board meeting?

A. Yes, if you live in a condominium or master association. The Illinois Condominium Property Act provides that any unit owner may record the proceedings at board meetings, or portions thereof required to be open to owners, by tape, film or other means. However, the board may prescribe reasonable rules and regulations to govern the right to make such recordings. The taping of meetings can be disruptive and create safety issues. A board should address these issues by establishing rules that will ensure the least amount of disruption without impairing unit owner rights.

An important rule to include would be one that requires the owner who is taping the meeting to advise the chairman before the start of the meeting. The chair can then make an announcement to the other owners at the meeting that the meeting is being taped.

Importantly, the right to tape a board meeting applies only to the open portion of a board meeting, and not to any portion of a board meeting permitted to be closed to the owners.

• 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.