Some decisions can be changed by a new board

Q. Last year, the board of our association made a decision about the priority of common element repairs that are to be made over the next several years. Current members of the board do not agree with that decision, and recently revised the priority of repairs. This decision was supposedly made based on additional information. Can a board rescind a decision of a prior board?

A. Yes, under appropriate circumstances, a board can change a decision that was previously made by a prior board of directors.

Do note that a board can generally not reverse a decision regarding contracts that were entered into by a prior board. If contracts for repair work have been signed, they are valid. That said, whether there are grounds to terminate a signed and pending contract should be discussed with the association's legal counsel.

Q. I am the president of a self-managed condominium association. I plan to put my unit up for sale, but I am concerned the association will not swiftly find and elect my replacement as president. I do not want this to affect my ability to sell. Is it a conflict of interest for me to remain president while I sell my unit? If not, who should complete the paperwork and requests from mortgage companies and Realtors during this process?

A. It is not a conflict of interest to remain on the board and to serve as president while your unit is for sale. You can remain on the board until the closing of your sale; however, you could resign sooner. Documents and information typically supplied to a seller/purchaser in a sale of unit transaction by the association should be handled by another member of the board.

I do suggest you discuss your transition from the board with your fellow board members. This will permit the board to have a plan in place to appoint your successor on the board, and to address who among the board members will serve as president at that time.

Email amendment: In response to the outcry against the recent amendment to Section 19 of the Illinois Condominium Property Act, which makes unit owner email addresses and telephone numbers available to other owners, the Chicago City Council passed an Ordinance on March 28 that amends Section 13-72-080 of the Chicago Condominium Ordinance.

The ordinance, as amended effective April 18, provides that no unit owner, with the exception of those on the board of managers of the association, shall have the right to inspect, examine or make copies of the association records containing personal information. Personal information includes the names, addresses, email addresses, telephone numbers and weighted vote of all members entitled to vote.

The ordinance permits condominium associations in the city of Chicago to "opt out" of the books and records provisions the Chicago Condominium Ordinance; thereby making books and records requests of owners governed by Section 19 of the Illinois Condominium Property Act. However, the decision of a condominium association to "opt out" requires a two-thirds vote of all unit owners. If a condominium association "opts out," it would be required to provide the names, addresses, email addresses, telephone numbers and weighted vote of all members entitled to vote to any other owner upon written request, subject to other requirements of Section 19 of the Illinois Condominium Property Act.

It is important to note that this ordinance only applies to condominium associations located within the city of Chicago.

That said, to coincide with discussion of Section 19 of the Illinois Condominium Property Act, SB 572 has been introduced in the Illinois Legislature. SB572 would amend Section 19(a)(7) of the Illinois Condominium Property Act to remove email addresses and telephone numbers from the list of owner contact information that a board must make available to unit owners on request. I'll be following this closely, and will report on its progress.

• 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.