Can owners review association books?

Q: An owner in our association made a request to review certain books and records of the association. The requested documents are not described in the Condominium Property Act. Can the association nonetheless provide copies to the owner?

A: The Illinois Condominium Property Act and the Illinois Common Interest Community Association describe the books and records that are to be maintained by associations for examination and copying by owners. However, an association could make other books and records available for examination and copying by owners if the board is so inclined to do so. Many association books and records are rather benign and revealing them to an owner, even if the association is not lawfully obligated to do so, would not be harmful. That's a decision for the board to make, and I am not suggesting how any particular board should address these requests.

Q: As with all homeowners' associations, our association is requested to provide a "closing letter" when a property is being sold.

Recently, the buyer of a unit requested copies of financial reports, the current year's budget, and the past year's meeting minutes for the association. Is the association obligated to provide these documents upon request to a prospective buyer?

A: The Illinois Condominium Property Act and the Illinois Common Interest Community Association Act describe information and documents to be provided to a prospective purchaser of a unit upon request.

Among the information to be provided in the event of a resale, a condominium, common interest community association, and a master association must all provide a copy of the statement of financial condition of the unit owner's association for the last fiscal year for which such statement is available. Neither the budget nor meeting minutes are among the books and records that must be provided to an prospective purchaser.

However, just because this information is not among that which must be provided to a prospective purchaser does not mean that it can't be provided. The minutes and the budget can provide important information to a prospective purchaser. Many a prospective purchaser may be very suspicious if these particular documents are not provided and deals may fall through, so a board should take this into account. Of course, the board could require the prospective purchaser to sign a confidentiality agreement.

Q: I live in a common interest community association. Recently one of our board members passed away. A member of our community volunteered to be on the board and the board accepted. Can a person replace a board member without that person being elected by the owners?

A: Section 1-25(e) of the Illinois Common Interest Community Association Act addresses the filling of vacancies on the board. It does allow the remaining members of the board to fill the vacancy on the board by two-thirds vote of the remaining board members at a board meeting. The person appointed by the board in this manner to fill the vacancy serves on the board until the next annual meeting of unit owners. If there is any time left on the term of the board member who created the vacancy, at the next annual meeting, the remaining term would be filled by the owners at the annual meeting.

The board vote to appoint an owner to fill the vacancy must take place in an open session of a board meeting. The board can select any owner to fill the vacancy. Some boards will solicit "candidates" for the vacant seat; some boards will appoint the next highest vote-getter from the immediately prior election; and some boards will reach out to a specific owner. There is no one way to handle that.

Note that if the board fills the vacancy on the board in the manner described above, owners with 20% of the votes could file a petition with the board requesting a meeting of the unit owners to fill the vacancy for the balance of the term.

• 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.