Of Thef


Most


Important Rights y


Of Ownersf Community Association Is The


Right To Elect The Leaders Of Their Choice.


Accordingly, there are strict minimum requirements for accomplishing this task ask well as a number of optionsf available to make it easier for the owners to participate in the process. The important statutory provisions together with some commentary arey


set forth below.


Section 18 (a) (1) of the Illinois Condominium Property Acty


y be elected to the board of managers.f run for the Board.


Section 18 (a) (1) also provides that the board shall be elected “at large”. The significance of this language (together with section 18 (b) (2) providing for a single class of membership)f


is that residency


requirements forboard membershipare notenforceable in condominiums. The Common Interest Community Association Act, on the other hand, permits separate classes of members and accordingly a residency requirement would be enforceable.


Section 18 (b) (3) of the CPA requires the association to hold an election every year.


y Section 18 (a) (11) of thef CPA provides that the


maximum term for a director is two years but that the director may bey


reelected for additional terms.


Section 18 (b) (6) provides that written notice of any membership meeting shall be mailed or delivered


giving members no less than 10 nor more than 30 days’ notice of thef


meeting. Recent amendments to the CPA provide that upon adoption of amendmentsf instruments or by resolution of thef may bey by they


y y Board the notice


transmitted by electronic means if consented to unit owner. Electronic transmission is defined in


Section 2 (y) of the CPA as follows: “Electronic transmission” means any formy


f of


communication, not directly involving the physical transmission of paper,


be retained, retrieved, and reviewed by ay recipient and that creates a record that may


time, place and purpose of thef to the condominium


problem with this provision is where title is held in the name of onef


(CPA) provides that only unit owners may The most common


spouse and the other spouse desires to


that may bey


directly reproducedy


in paper form by they


recipient through an automated process. Section 18 (b) (5) of thef


or by 20%y


Section 18 (a) (18) of thef if af proxy isy distributed by they


In A Condominium Or


as give them the opportunity toy for any ofy


meetings of thef members can be called by they president, board of managers,f


of unitf


CPA provides that special board


owners. board of managers,f as the proxy holdery


CPA provides that it


must provide the unit owners with the opportunity to designate any persony


as well express a preference


write in a name. Note that this just applies to proxies distributed by they


f the known candidates for the Board or to board. To the extent that unit owners


are circulating their own proxies, these statutory limitations do not apply.


Section 18 (b) (9) (A) of the CPA provides that unless the association has adopted provisions for


absentee ballots or electronic voting (discussed below) unit owners may votey to be any limitationy


set forth the form of thef


by proxy. There does not appear on the authority ofy proxy ory


y f the board to original proxy provided by they in condominium associations.


Section 18 (b) (9) (b) of the CPA permits the utilization of absentee ballots or acceptable technological means for board elections. The declaration or bylaws may bey procedures at any timey may bey


amended to permit these prior to the election or a rule adopted at least 120 days before the election


to permit these procedures. The statute provides that if these procedures are adopted proxies are not permitted. The statute also provides very stricty


time constraints


on when the ballots may bey mailed and the deadline for inclusion of af candidate’s name on the ballots. It is important to “work backwards”k


fromthe date of electionf


so that these deadlines may bey met or the association will have to reschedule the election. Adoption of these procedures also renders less effective the ability ofy unit owners to go door to door soliciting votes as it is likely thaty by electronicy


the ballot has been returned via mail or means shortly aftery


y ballot or by electronic means to attend the y


board meeting and request a ballot to change his or her vote.


Section 18 (b) (10) of the CPA permits the board to adopt a rule which provides for secret ballots. It is


important to note that in the absence of suchf ballots are not secret and any unity a copy ofy


particular unit owners cast his/her vote.  |  a rule, the owner may request f all ballots for the purpose of learning how a it was received. Of


course, the statute permits a unit owner who has voted by absentee


board may bey


even that only they utilized.


This procedure would reduce the effectiveness of “roving bands of proxyf


y solicitors” increasingly commony


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