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Members should vote if they want to remove a board member

Q. Our association has adopted a rule that provides the board can declare a board member's seat vacant if that member misses three consecutive meetings without good cause. Is this permitted?

A. Frequently missing board meetings may certainly be grounds to remove a board member. However, the typical provision in a declaration requires a vote of the members of the association to remove a member of the board. If the declaration for your association provides for a vote of the members to remove a director, the board could not simply declare a board member's seat vacant as the result of a board member missing a certain number of meetings. A meeting of the members of the association would have to be called to vote on removal of the board member in question.

Q. The board of our association holds monthly meetings whether or not there are enough time-sensitive matters to justify the meeting. These turn into social occasions, and frankly most the board members just don't have the time to devote to this frequency of meetings. Do you have any suggestions?

A. In Illinois, the board of a condominium association or of a common interest association is required to meet four times a year. There are some associations large enough where monthly board meetings are necessary. But since a board is not required to meet monthly, the board should make sure there are enough matters to consider at a meeting to justify a meeting every month, or more often than quarterly. Meeting monthly just for the sake of meeting can cause burnout among board members.

Q. Our association is bidding out a project to paint all of the common element exteriors of our several-hundred unit association. One of the prospective contractors has stated he will paint the units of each board member at no charge if the board "considers" his bid - no strings attached. Can the board accept this gift?

A. A pen is an acceptable gift. Painting of the units of the board members so the board will consider the contactor is a "string," and this scenario crosses the line. Many would consider it a bribe. The board members should not accept the offer to paint their units, and the board should not consider the contractor for the work. Period.

Q. Maintenance was neglected for a very long time in our association, and property values suffered tremendously as a result. The place was downright "seedy." About seven years ago, a very forward-thinking board developed a multiyear plan to address all of the then deferred maintenance. This involved borrowing millions of dollars and the adoption of a very significant special assessment to pay the loan. The property looks beautiful now, our finances are in great shape, unit values have increased faster than other similar properties, and young professionals are buying units. However, our association still suffers from its old reputation. As a result, real estate agents avoid showing units in our association. Is there anything the association can do to pique interest in our units?

A. There are many things the association can do to create a better public image, in light of these accomplishments. The association could consider having the name of the development changed, and install new modern looking signs with the new name. Hold an open house, with a lunch, for local real estate agents, and give them a tour of the "new and improved" property. Solicit a trade publication to do an article on the transformation made by the association, and on how it was accomplished. Run ads in the local newspapers promoting the development. These are a just few examples of how an association can bolster its image.

• 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.

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