Attending virtual boad meetings
Q: The board of our condominium association is conducting its meetings via video conference while the governor's COVID-19 executive orders limit in-person gatherings. Owners can "attend" these video board meetings via a computer hyperlink provided by the board. However, not every owner in our association has a computer or is "tech savvy" enough to use this computer technology. Should the board also provide a conference call phone number so owners can "attend" the virtual board meetings?
A: Boards of condominium and common interest community associations are taking advantage of video technology to hold board meetings during the COVID-19 pandemic, and to meet the obligation to allow owners to attend the open portions of board meetings, without meeting "in person." While not expressly authorized in the applicable governing statues, the use of these technologies would appear to be a justifiable balance between the language of the governing statutes and the governor's Restore Illinois Guidelines regarding social distancing and capacity limits on gatherings.
Because every person who wants to attend the board meeting may not have computer access (and this could include board members), a dial-in phone number should be provided as well. The video conference services I have used provide a phone number call-in option that is generally provided with the invitation. However, if that is not available, a separate conference call number should be provided to owners.
Also, remember proper notice still has to be given for these "virtual" board meetings, where all this access information would be provided to board members and owners.
Q: Our homeowners' association is not a condominium. However, I am struggling to determine what we are. We are governed by a declaration of covenants that requires each owner to pay assessments. The assessments pay for common area maintenance owned by the association. Are we a common interest community association?
A: "Common interest community" means real estate other than a condominium or cooperative, with respect to which any person by virtue of his or her ownership of a partial interest or a unit therein is obligated to pay for the maintenance, improvement, insurance premiums or real estate taxes of common areas, described in a declaration that is administered by an association. A common interest community may include, but not be limited to, an attached or detached townhouse, villa or single-family home. A common interest community does not include a master association.
A common interest community association is governed by the Illinois Common Interest Community Association Act. However, a common interest community association organized under the General Not for Profit Corporation Act of 1986 and having either (a) 10 units or less or (b) annual budgeted assessments of $100,000 or less is exempt from the Common Interest Community Association Act.
Nonetheless, an exempt association can affirmatively elect to be covered by the Common Interest Community Association Act by a majority of its directors or members.
Q: I am confused by the different information I am receiving about whether the pool in our homeowners' association can open in the midst of the COVID-19 pandemic. What is the answer?
A: On June 5, the Illinois Department of Public Health issued Swimming Facility Guidelines under Phase 3 of Restore Illinois. The guidelines provide that during Phase 3, swimming facilities licensed by IDPH are not to be opened except for lap swimming, diving, swimming lessons, swim team practices and therapy pool use. As a result, association swimming pools may be opened for these limited purposes, and subject to social distancing and cleaning protocols.
The guidelines, available at www.dph.illinois.gov/covid19/community-guidance/swimming-facility-guidelines, should be reviewed for the details. It has been reported that Illinois will move into Phase 4 on or about June 26. We will have to wait and see if that happens, and as to what changes that brings.
• 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.