Condo board member cannot give voting proxy, but can attend meetings virtually
Q. I am on the board of my condominium association and I cannot attend some board meetings in-person due to my work schedule. Can I give my proxy to another board member to vote on my behalf on association matters?
A. No. A board member may not act or vote by proxy on any matter coming before the board at a board meeting. The rationale for this is partly due to the fact that a board member is a fiduciary which is a legal obligation imposed upon that board member personally. Therefore, the law requires that a board member must personally act and vote following full discussion, consideration, and deliberation on a matter.
The good news is that the law allows a director to directly participate in and act at any meeting of the board through the use of a conference telephone or other communications format or equipment. The key element is that all people participating in the board meeting must be able to hear and communicate with one another. This is best accomplished with a speaker phone or other e-platform that allows for full participation in the meeting. The board members attending remotely would also be counted toward the board quorum requirement, which is typically a majority of the current number of board members (vacancies are not included).
Q. We have a unit owner who constantly wants to videotape or record our open board meetings. It really makes our board members uncomfortable. 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 proceedings at board meetings, or portions thereof required to be open to owners, 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. The law is slightly different if you live in a homeowners or townhome association that is subject to the Illinois Common Interest Community Association Act (CICAA). CICAA does not mention audio or video recording of board meetings. Therefore, CICAA neither expressly prohibits nor does it expressly authorize it. In those cases, the board should seek advice from the association’s counsel as other laws and the terms of the association’s governing documents will control.
Q. Our condominium association recently received the county assessor’s assessed valuation of all of our units. Many of my fellow condominium unit owners contend that the county has over-assessed the value of our units. Can the association as a whole challenge the assessed values or does each owner have to file their own challenge to the assessed valuation individually with the county?
A. Fortunately, the Illinois Condominium Property Act grants authority to the condominium board, acting on behalf of all unit owners, with 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 therewith as common expenses.
• Matthew Moodhe 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.