Condo talk: Proxy not a voting option for directors on condo boards

I have been receiving many emails from readers with terrific questions. The answers for many of them would be widely helpful. Here’s a sampling:

Q. I am on the board of my association, and can’t attend some board meetings. Can I give my proxy to another board member to vote on my behalf?

A. “No.” A board member may not act by proxy on any matter. The rationale for this is partly due to the fact that a board member is a fiduciary, and must vote following full discussion, consideration and deliberation on a matter.

Q. Is there any way for a board member to participate in a board meeting if the board member will be out of town and cannot physically be present at the meeting?

A. ‘Yes.” A director may participate in and act at any meeting of the board through the use of a conference telephone or other communications equipment. However, all persons participating in the meeting must be able to hear and communicate with one another. This is best accomplished with a speaker phone. The board member attending remotely would be counted toward a quorum and can vote.

Q. Can a unit owner videotape a 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 open proceedings at board meetings, 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.

Q. Many of my fellow condominium unit owners contend that the county has over-assessed the value of our units. Can the association, as an entity, challenge the assessed values or does each owner have to challenge the assessed valuation individually with the county?

A. The board of managers, acting on behalf of all unit owners, has the power to seek relief from or in connection with the assessed valuation of units in the association. This would involve the filing of a single tax complaint with the county assessor, for all of the units in the association. Most county assessors prefer a single complaint covering all of the units, rather than individual complaints by unit owners. The board can also charge and collect from the owners all expenses incurred in connection with this challenge.

Q. Balconies, windows and doors in our condominium are limited common elements. Our declaration states the board is responsible for maintenance, repair and replacement of the limited common elements. Can the board charge the cost of that work to the owner of the unit served by the particular limited common element?

A. “Yes,” if the declaration specifically provides for the assessment, in connection with expenditures for the limited common elements, of only those units to which the limited common elements are assigned. If the declaration is silent, those expenses could not be charged back to the unit owner.

Q. My association is considering amending the declaration to prohibit dogs. I don’t have a dog now, but I may want one in the future. Since dogs were permitted when I bought my unit, would I be bound by this amendment?

A. Yes.” Owners purchase units subject to the ability of the association to amend the governing documents. An association can amend the declaration to prohibit dogs from being kept on the property, if the association follows the amendment procedures described in the declaration. However, any dog residing in a unit at the time the amendment is recorded with the county should be “grandfathered” and permitted to stay (no pun intended).

Q. The board of my condominium denied my request for a list of the names and addresses of unit owners in the association. I am a decorator and I told the board I want to mail my brochures to the other owners. Don’t I have a right to this information?

A. The board of managers of every association must keep and maintain certain records at the association’s principal office. This includes a current listing of the names, addresses and weighted vote of all members entitled to vote. Members of an association have the right to inspect, examine and make copies of the member list, but only for a proper purpose. In order to exercise this right, a unit owner must submit a written request to the association’s board of managers or its authorized agent, stating with particularity the records sought to be examined and a proper purpose for the request. The board could have concluded that a request for the owner list to be used for a personal business purpose is not a proper purpose, and denied the request.

Ÿ David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in Buffalo Grove. 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.