Only the board can fire management company

Q. Do owners have the right to remove a property management company?

A. No. The board of directors of the association has the right to engage the services of a property manager. Similarly, the decision to terminate those services rests with the board, and is not a decision that can be made by the unit owners of the association. Of course, prior to the end of the term of the agreement, the services of the property manager can only be terminated as permitted by the management agreement. Some agreements provide for termination "for cause," meaning the manager breached the agreement and did not cure the breach. Other agreements permit termination "without cause," meaning the agreement can be terminated for any reason.

Q. The board of our condominium adopted a rule permitting owners to consent to receive notice by email. Most, but not all, of the owners in our association have provided their consent. Can we charge the cost of mailing notices by regular mail to those owners who did not give their consent to email notice?

A. No. The Condominium Property Act requires the association to pay the cost of mailings to the owners. Specifically, if any person does not provide written authorization to conduct business using electronic transmission or other equivalent technological means, the association must, at its expense, conduct business with the person without the use of electronic transmission or other equivalent technological means.

Q. The previous attorney for our condominium association served as our registered agent and we now have to name a new one. Does Illinois require the registered agent of an association be an attorney, or can one of the board members serve that function?

A. The registered agent for the association does not have to be an attorney and could be a board member. However, there are good reasons to have an attorney serve as the registered agent.

A variety of documents are served on an association's registered agent. An attorney may be in the best position to evaluate the legal significance of the documents and to provide timely counsel to the board. I frequently hear about documents served on a board member that end up sitting on a kitchen table while important deadlines pass to the detriment of the association.

Many associations whose corporate status is dissolved by the secretary of state find that the registered agent who is no longer on the board did not forward the annual report to the board. As a result, the annual report doesn't get completed and filed, and the annual fee isn't paid to the secretary of state. Having the attorney serve as registered agent assures continuity despite changes in the composition of the board.

Q. The amendment provision of our condominium declaration requires the signatures of the owners approving an amendment to be "acknowledged" before a notary. The owners in our association are apathetic. The board is concerned that this "acknowledgment" requirement will be a major hurdle to the approval of the amendment. Is there an alternative?

A. Yes, there is an alternative to the "acknowledgment" requirement. The Condominium Property Act provides that no action required or permitted by any condominium instrument need be acknowledged before a notary public if the identity and signature of the person can otherwise be authenticated to the satisfaction of the board of managers. So, if the board confirms the signature and identity of the owner signing the amendment, the signature will not have to be acknowledged before a notary. This should make it much easier for many associations to obtain owner approval for an amendment to the declaration.

• 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.