Board members cannot conduct business at annual meeting

Q. The annual meeting of the owners to elect members to our association's board of directors is scheduled for later this month. There are various pressing issues for which the board needs to meet in order to make decisions. It's very difficult to get the board members together to meet, and they will all be at the annual meeting. Can the board discuss and vote on these decisions during the annual meeting of the owners?

A. The annual meeting of the owners is not a board meeting of the association's directors. Therefore, it would not be an appropriate forum for the board to conduct board business.

However, the board can hold a board meeting immediately before or after the owners' meeting in order to conduct such board business. Of course, proper notice of the board meeting would have to be given to owners, in addition to the notice of the annual meeting. It's actually pretty common for a board to meet immediately after the annual meeting of the owners in order to elect its officers. Some declarations actually require it.

Q. I am the president of our common interest community association. The association is governed by a three-member board. One of the other board members contends he can call a meeting of the owners. Can a single board member call a meeting of the owners?

A. The board member here may be confusing who can call a special meeting of the board with who can call a special meeting of the owners. They are similar, but not the same.

Under Section 1-40(b)(3) of the Illinois Common Interest Community Association Act, special meetings of the owners may be called by the president, the board, 20 percent of the membership, or any other method that is prescribed in the community instruments. Therefore, the president is the only single member of the board who can call a special meeting of the owners. Otherwise, a majority of the members of the board - two in your case with a three-member board - can call the meeting of the owners.

The same section of the Act described above provides that special meetings of the board may be called by the president, by 25 percent of the members of the board, or by any other method that is prescribed in the community instruments. As such, in a three-member board, one board member could call a special meeting of the board - but not a meeting of the owners.

Q. The board of our association orders sandwiches or pizza and soft drinks for the board members to dine on during its evening board meetings. These meals are paid for with association funds. Is this an appropriate use of association funds?

A. It would not be inappropriate for association funds to be expended on food served during a dinnertime board meeting. Keep in mind that board members are volunteers giving of their time. Providing a meal to a board member giving up their dinner time to serve the association seems like a relatively small price to pay. Of course, the meal expenditure must be reasonable. A deli tray or pizza, or something similar would be fine. Steak and lobster and French wines might be a little extravagant.

Q. I own a condominium unit in Illinois. Can I give my son a power of attorney that permits him to serve on the condominium board?

A. Your son may not serve on the board of your Illinois condominium association. Board members are elected from among the unit owners. Your son is not a unit owner. A power of attorney may grant your son rights to act on your behalf concerning your Illinois real estate, and this could include permitting your son to vote on your behalf at meetings of the owners. However, a power of attorney does not grant an ownership interest in your unit to your son.

• 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.