The Illinois legislature has amended the Illinois Condominium Property Act (the “Act”) and while not mandatory, it allows Boards of Directors to implement policies on how Boards can be composed. Pursuant to Section 18(a)(1) of the Act, the change now allows condominium boards to require that the majority of the condominium board be made up of unit owners who occupy their units as their primary residence. No Declaration may require that more than a majority of the Board members live on site.
While this may not be an option chosen by every Association or community, Associations should be cognizant of this update in the law. It is our opinion that the legislature’s intent is to ensure boards are engaged and committed to their communities. The thinking is that a Board composed of majority of members who live in the community will lead to such. While optional, Board members who are often on-site are in better positions to access any issues that arise and can be more responsive to the needs of the community.
Evaluating your Association’s unique needs or ways to increase efficiency and limit exposure is never a bad idea. Living in condominiums are beneficial and often a wonderful investment, especially if you prefer to have upkeep handled by others, but it is essential that you understand what you are signing up for. You want to be sure that Boards are operating within their legal duties and maintaining the financial and physical health of the Association. We are able to assist and creatively help your community anticipate risk and problem solve.
For more information about this article, contact Tressler LLP attorney Matthew O’Malley at email@example.com.