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Board vote, not approval of minutes, authorize action

Q. The board of our association approved a very significant roof project at a board meeting, and the project is to begin in just a few weeks. However, the board meets quarterly, so the minutes of the meeting where this project was authorized will not be approved for several months. Can our association proceed with this project before the minutes are approved where the action was authorized?

A. The minutes of a meeting memorialize the actions approved by the board. Minutes should be prepared, and approved at a meeting, as soon as practical. However, the approval of the minutes is not a condition, or precedent, required before an association can proceed with actions authorized at a board meeting. The board may proceed with the roof project, despite the fact that minutes of the meeting where the project was authorized have not yet been approved.

Q. I understand the Condominium and Common Interest Community Ombudsperson Act became effective July 1, and part of it requires a written policy for resolving complaints made by unit owners. Do any of the association's governing documents (declaration, bylaws, rules and regulations) have to be amended to include this provision or any parts of the new law?

A. Under the Condominium and Common Interest Community Ombudsperson Act, associations must adopt a written policy for resolving complaints made by unit owners. Note that this is not a "rule," and does not require adoption in the same manner required of a rule in a condominium. However, a policy must be adopted by the board at a board meeting. The development of a policy to comply should not require a change to any of the association's governing documents. Note that this policy must be adopted by the association by Jan. 1, 2017; however, there is legislation that if signed by the governor would bump this date back a year.

Q. I am a member of a common interest community association. The development is made up of townhouse lots that are individually owned and common area. The townhouse lots include a townhouse dwelling, and front, side and backyards. The common area includes mostly green space and parking areas that are owned by the association. The declaration for our common interest community association provides that the board can establish rules regarding the common area. However, the board has adopted rules regarding the individually owned townhouse lots. Does the board have authority to do this?

A. This raises one of the many issues created by the Common Interest Community Association Act. The Common Interest Community Association Act refers to rules in various locations and context throughout its text. The text of the act describes various subjects over which the association can specifically establish rules. However, the Common Interest Community Association Act does not include general language, like that found in the Condominium Property Act, that governs the scope of the rules that can be adopted by the board.

As a result, there is an issue, based on the language of your declaration, as to the scope of the association's rule-making authority, and as to whether it can adopt rules regarding the use of the individually owned lots. In an abundance of caution, the association should amend the declaration to expressly authorize the board to adopt rules regarding the use of the individually owned lots.

• 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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