ELECTRONIC VOTING

Use of Technology and its Implications for Associations

By: Patrick T. Costello of Keay & Costello, P.C.

EFFECTIVE JANUARY 1, 2015 condominium associations and common interest communities stepped into a new era – the wonderful world of technology. While technology has obviously existed for some time, legislative changes made significant updates to the Illinois Condominium Property Act (765 ILCS 605/1 et. seq., the “Condo Act”) and the Illinois Common Interest Community Association Act (765 ILCS 160/1-5, “CICAA”) to reflect the use of technology in the operation of associations. Prior to 2015 some associations had taken steps to update their individual governing documents to reflect the use of technology for voting and notice, however, the amendments to both acts make certain technologies available to all condominium association and common interest communities.

The amendments are broken into sections: those related to notice and voting specifically; and general use of technology. Sections 1-85 in CICAA and 18.8 of the Condo Act detail associations’ abilities to employ technology. Both sections are essentially identical. The new language provides:

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