What Happens When a Board Member Resigns from the Board?

By Howard S. Dako kfff, Esq. – Levenffld eld Pearlstein, LLC Adam T. Kahn, Esq. – Levenfeld Pearlstein, LLC

1. “How Does the Board Vacancy Get Filled?”

The Illinois Condominium Property Act (the “Act”) provides the procedure for filling a Board vacancy left by a resigning Board member. Specifically, Section 18(a)(13) of the Act provides that the Board can fill the vacancy by a two-thirds (2/3) vote of the Board for a person to serve until the next annual meeting of the Unit Owners or 20% of the Unit Owners can petition the Board to call a Unit Owner election to fill the vacancy for the remainder of the unexpired term of the resigning Board member.

For a Board appointment to fill a vacancy, the Board should carefully consider its replacement candidate. Considerations for selecting a replacement candidate include: (i) eligibility (as a reminder, only Unit Owners may serve on the Board); (ii) whether the candidate has the necessary time and energy to devote to serving on the Board; (iii) qualifications (e.g., background experience, personality, work style, etc.). Good vacancy candidates tend to be a previous Board member, a member of a committee or commission, or an engaged Unit Owner.

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