Do newly elected condo board members assume their positions immediately?

Q: Our condominium board recently held annual elections. A couple sitting board members were not reelected and other unit owners were elected in their place. Do the new board members take their board positions immediately or do they have to wait until the next scheduled open board meeting? Also, the board treasurer was not reelected to the board. Can another board member simply take over the responsibilities of the board treasurer until the new board elects officers at their next scheduled open board meeting? The newly elected board is not meeting for another month.

A: The newly elected board members assume their new board positions immediately following the last election. Any prior board members who were up for election and were not reelected immediately lose their board member positions. Additionally, if a board member who also serves as a board officer loses their board position (either via election, resignation or removal), they also immediately lose their board officer position.

With respect to the board officer functions between the election and the next board meeting, the board can authorize current board officers to take emergency or urgent steps on behalf of the association. However, any board officer who takes action outside of their existing board officer position (for example, a board president signing checks as the new board treasurer) should only be done if the board previously authorized that board officer to act or upon notice to all current board members and consent of at least a majority of the current board members. This can be done outside of an open board meeting, but only in the event of an emergency or if it's genuinely urgent. Otherwise, a board officer who is being asked to sign checks or perform other duties as the board treasurer should be very cautious. This action should not be taken unless it is urgent, only with notice to all the current board members and at least the consent of a majority of the current board. If it's a genuine emergency, this can be done via email and then ratify it at the next open board meeting.

Board members and officers want to avoid the risk of being accused of acting outside the scope of their officer authority.

Q. I have a question regarding an emergency contact information sheet I received from my condominium association property manager. There is a section that asks for “Mandatory Mortgage Information” including my loan number. Am I required to provide this information?

A. This is governed by Section 22.1(c) of the Illinois Condominium Property Act. This section of the act provides that each owner must inform the board of managers of the condominium association of the identity of their mortgage lender, together with a mailing address at which the lender can receive notices from the association. If a unit owner fails or refuses to provide this information to the board, then that unit owner is liable to the association for all costs, expenses and reasonable attorney’s fees incurred by the association to obtain that information from the unit owner.

The reason this information is required is for a condominium association to give the mortgage holders notice of certain events as required by the association’s declaration or bylaws, such as the amending of a declaration or other important issues that may affect the mortgage lenders’ security interest in the unit. Often, mortgage lender approval is required to amend certain provisions of the declaration. Many association governing documents require the notices from the association to identify the owner and the loan, so this would permit the association to request the loan number.

Keep in mind that the mortgage is a public record, available for all to see, so you are not providing the association with any sort of “personal” or “private” information.

• 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.