Board should be wary of advice from other states
Q: One of the newer board members in our Chicago area condominium association is also a longtime board member of his Florida condominium association. His "go to" line at our board meetings is "In Florida, this is how we do it… ..." Can the board rely on such input?
A: Condominiums are creatures of statute, and each state has its own condominium statute. Early versions of the Illinois Condominium Property borrowed from the Florida statute. However, they are different statutes and very different from one another today. The board of an Illinois condominium needs to be very cautious in relying on suggestions that are based on how things are done in Florida, or any other state. That is, while there may be some association operational issues that transfer very nicely from state to state, reliance on another state's statutory-based solutions can have dire consequences.
Q: You previously discussed the applicability of the Illinois General Not for Profit Corporation Act to small incorporated, common interest community associations, regarding open board meetings. Are there any other provisions of the Not for Profit Act that stand out for such associations?
A: In addition to addressing "open" board meetings, Section 108.21 of the Illinois General not for Profit Corporation Act addresses taping of board meetings, and notice of board meetings.
With respect to taping of board meetings, any member of the association may record by tape, film or other means the proceedings at such meetings or portions thereof required to be open by Section 108.21. The board may prescribe reasonable rules and regulations to govern the right to make such recordings.
Notice of board meetings must be mailed or delivered at least 48 hours prior thereto, unless a written waiver of such notice is signed by the person or persons entitled to such notice pursuant to the articles of incorporation, bylaws before the meeting is convened. Copies of notices of meetings of the board of directors must also be posted in entranceways, elevators, or other conspicuous places at least 48 hours prior to the meeting of the board of directors. If there is no common entranceway for 7 or more units, the board of directors may designate one or more locations in the proximity of such units where the notices of meetings shall be posted. "Meeting of the board of directors" means any gathering of a quorum of the members of the board of directors held for the purpose of discussing business of the homeowners association.
Small, incorporated, common interest community associations that are exempt from the Common Interest Community Association Act need to be mindful of the foregoing.
Q: I have been on the board of my association for many years. The property manager for our association has told me I would make a good property manager. This would actually be a good time for me to make a career move. I understand that property managers must be licensed. Where can I get information on Illinois property manager licensing?
A: Licensing of Illinois community association managers is governed by the Community Association Manager Licensing and Disciplinary Act. Licensing is handled by the Illinois Department of Financial and Professional Regulation. In a "nutshell," an applicant for a community association manager license must be at least eighteen years of age, complete twenty hours of pre-license education (although there is an exception for licensed real estate salespersons and brokers), and successfully complete and pass an examination. The application fee is $300.00. Details of all of this can be found at the IDFPR website: https://www.idfpr.com/profs/cam.asp.
• 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.