Where to 'record' bylaw changes

Q. The declaration for our association requires amendments to the declaration or bylaws be recorded. Some board members believe that means providing a copy to the city, and others think it means recording it in the minutes of a meeting. What does it mean to "record" the amendment?

A. "Record" means to record the document in the office of the recorder of deeds of the county wherein the property is located. The document will be recorded against all of the property within the association. Such recording provides notice to the world of the amendment and its contents.

Q. I work for a management company and am a property manager for a homeowners' association. The board has become fractionalized. One day I receive instructions from one board member; the next day I receive instructions from another board member that contradicts the first set of instructions. What am I supposed to do?

A. The typical management contract provides for a liaison between the board and the property manager. That liaison is typically the board president, in the absence of another person designated by the board. Management companies are often lax about enforcement of such a provision. However, this would be an appropriate circumstance where the board should be reminded of such a provision, and it should be enforced. This protects both the association and management.

Q. If there is a tie vote at the annual meeting among two candidates for election to the last seat on the board of our association, should a "runoff" election take place at that annual meeting?

A. Initially, I assume the association's election procedures call for a "runoff" election in the event of such a tie, as there are other means of breaking the tie. That said, it could be impractical to try and hold a "runoff" election at that same annual meeting for many reasons. These reasons include, but are not limited to, the meeting notice and/or proxies might not be broad enough to cover such an event. Moreover, it disenfranchises those owners who are not at the meeting to participate in the voting in the "runoff" election.

Q. We are a common interest community association. We are having a problem with a board member who rarely shows up to board meetings, and when he does he is completely unprepared. What does it take to remove a board member from the board?

A. Two-thirds of the membership may remove a board member as a director. The vote on removal occurs at a duly called special meeting of the members. Special meetings of the membership may be called by the president, the board, 20% of the membership, or any other method that is prescribed in the community instruments. Notice of any membership meeting must be given detailing the time, place and purpose of such meeting no less than 10 and no more than 30 days prior to the meeting through a prescribed delivery method. This is all set out in the Illinois Common Interest Community Association Act.

Q. How often does the board of our association have to meet?

A. The board of directors of an Illinois condominium or common interest community association must meet at least four times annually. Many boards who meet the minimum four times a year will meet quarterly. That said, most association board members meet more frequently, and many meet as often as monthly.

• 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.