To read the full version of our March 2026 newsletter, click here.
Meetings are where everything happens (or more accurately, where everything is supposed to happen) in a condominium or common interest community. Meetings are where the board members get elected, where the budget gets approved, and where decisions are made. Both the Illinois Common Interest Community Association Act (“CICAA”) and the Illinois Condominium Property Act (“Condo Act”) outline rules relative to meetings, including rules about how meetings are called, what sort of notice must be provided, etc. The purpose of this month’s article is to provide a “refresher” on the types of meetings and the various rules associated with those meetings for condominium and common interest community associations, subject to the CICAA.
Board Meetings
Board meetings are the type of meetings which most frequently occur within an association. This is because it is at board meetings where the board conducts its business on behalf of the association. Further, it is because both the CICAA and the Condo Act require that boards meet at least four (4) times annually.
Although the purpose of board meetings is for the board to conduct business, the board’s meetings are required to be open to the unit owners with limited exceptions. Those exceptions include meetings to discuss litigation, violations of the association’s rules and regulations, unpaid assessments, consulting with legal counsel, and contractual matters. Under applicable law, most board meetings may be called upon only 48 hours’ notice. Illinois law allows board meetings in person or through a virtual format.
For condominium associations, notice of a board meeting needs to be posted in entranceways, elevators or other conspicuous places in the condominium (or other designated location, if there is no common entranceway for 7 or more units). Notice must also be given to unit owners in the manner required by the association’s governing documents. As a reminder, notice can only be sent by email when the owner has affirmatively consented to receive notice through acceptable technological means. Board meetings where the board intends to adopt the budget, a separate or special assessment, or rules and regulations require notice of the meeting to be mailed or delivered not less than ten (10), nor more than thirty (30) days prior to that meeting. Again, such notice can only be emailed to the unit owner if he/she has consented to receive notice electronically. In addition, a copy of any proposed annual budget needs to be received (in hand) at least twenty-five (25) days prior to the date of the meeting where the board intends to adopt it.
For CICAA communities, notice must be given either through a prescribed delivery method, such as mail or, if the unit owner has consented, electronic notice, or by posting notice in entranceways, elevators or other conspicuous places in the common elements. Board meetings where the board intends to adopt the budget, or a separate or special assessment, require notice through a prescribed delivery method not less than ten (10) nor more than sixty (60) days in advance of the meeting. In addition, a copy of any proposed annual budget needs to be received (in hand) thirty (30) to sixty (60) days prior to the date of the meeting where the board intends to adopt it.
Given that the purpose of a board meeting is for the board to conduct business, it is only necessary that a quorum of the board (as defined by the governing documents) is present at the meeting. There is no requirement that a quorum of the membership of the association be present at a board meeting. At board meetings, only board members can vote; association members cannot. Because it is so important that board members can be present for their meetings (either in person or by technological means, such as videoconference), we recommend that boards schedule meetings on dates, times, and at locations (which could include Zoom), which work best for the board members. Applicable law does not require that board meetings occur in the evenings.
As noted above, most portions of a board meeting are required to be open to the unit owners. While unit owners may legally attend the open portion of board meetings, others are not so entitled. Therefore, the board is not required to permit tenants, occupants, or other third parties to attend board meetings, nor may unit owners designate a proxy to attend board meetings on their behalf (although a power of attorney may have such a right). Typically, the only non-unit owners allowed to attend a board meeting are those people invited to attend by the board, i.e., service providers.
With the exception of time set aside for an owner forum, unit owners are not entitled to speak during board meetings. CICAA requires every board meeting to allow time for an owner forum. The board can decide when this forum will occur and the amount of time allocated. Even though not required, boards for condominium associations should typically give owners an opportunity to address the board. All owner forums should occur in an orderly and structured manner and should not interfere with the board’s ability to conduct the association’s business. For this reason, many associations find virtual meetings easier to manage, as platforms, such as Zoom, allow participants to be muted, whereas in-person meetings do not. As with the scheduling of meeting dates and times, the board should hold its meetings at a location or on a platform that best allows it to conduct the business which needs to be conducted.
Finally, with respect to open board meetings, applicable law permits unit owners to record those meetings, subject to reasonable rules and regulations adopted by the board. The vast majority of associations with which we work do not have rules governing the recording of board meetings. If your association is one of them, you should consider adopting rules and regulations related to recording. In any event, in this day and age, boards should always assume that the open portions of their meetings may be recorded by unit owners.
Membership Meetings
While, after reading the above, it may seem like the unit owners or members do not have a role in the governance of their association, unit owners have the most important role – electing board members, who will conduct the business of the association. Both the CICAA and Condo Act require that associations hold an annual meeting each year. Often, the purpose of the annual meeting is for the election of board members. Pursuant to both CICAA and the Condo Act, notice of the annual meeting (or any membership meeting) requires notice through mail, delivery, or, upon owner’s consent, electronic transmission, not less than ten (10) nor more than thirty (30) days prior to the date of the meeting.
In addition to the annual meeting, membership meetings may be called by the board for a variety of other reasons, including consideration of an amendment to the governing documents, dedication of common areas, etc. Further, certain decisions, which may initially be authorized by the board, including approval of a budget with an increase greater than fifteen percent (15%) over the prior year, certain special assessments, or appointment of a board member, may be subject to a membership vote following the service of a petition on the board signed by twenty percent (20%) or more of the membership. Finally, twenty percent (20%) of the membership can call a membership meeting for any purpose (although that purpose may or may not be something that the membership has a right to vote on).
Like with board meetings, a quorum of the members needs to be present for business to be conducted. For membership meetings, a quorum of the board is not required to be present. For most associations, a quorum of the members is designated at twenty (20%) of the membership in person or by proxy (or Association-issued ballot, if applicable), although some governing documents or non-condominium associations may provide for a lower percentage. If quorum is present, the membership meeting and any associated vote may generally proceed. With that said, it is important to remember that certain actions, such as approval of a declaration amendment, removal of a board member, or overturning a budget or special assessment, require the action to be approved by a necessary percentage of the total number of members, not just a majority vote of a quorum.
Through meetings, the association conducts its business. Accordingly, it is important that the board remains mindful of the type of meeting that must be called depending upon the issue at hand, the notice requirements associated with that meeting, and the manner in which action may properly be taken. Failing to provide proper notice of a meeting (or failing to hold a meeting altogether) may ultimately undermine the board’s (or membership’s) actions. While such actions can often be ratified or redone at a properly noticed meeting, doing so can create unnecessary complications. Rather than risk the undoing of the actions at a meeting, it is best practice to ensure that all meetings are properly called and noticed. Doing so not only protects the validity of the board’s decisions but also reinforces transparency and maintains the board’s credibility with the membership.
To read the full version of our March 2026 newsletter, click here.
The materials contained in this Newsletter have been prepared by Keough & Moody, P.C. and are intended for informational purposes only and are not legal advice. This Newsletter contains information on legal issues and is not a substitute for legal advice from a qualified attorney licensed in the appropriate jurisdiction. Keough & Moody expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this Newsletter.