Coronavirus (COVID-19) Update Information for Homeowner and Condominium Associations

The Centers for Disease Control and Prevention (CDC) continues to issue guidance regarding actions necessary to stop the spread of COVID-19. Recently, the CDC has discouraged gatherings of more than ten (10) people. Therefore, Keough and Moody is recommending against any in-person board or member meetings until further notice. As a result, boards and management should be looking either to postpone meetings or to move them to a virtual setting. Given that association business must still be conducted and given the uncertain timeline at this point, boards should consider conducting meetings either via conference call or through virtual meeting sites, such as Zoom.

Under the Illinois General Not-for-Profit Corporation Act, unless specifically prohibited by the association’s governing documents, board members may appear at meetings through conference call or through other technology, which permits board members to hear and be heard. Also, if all residents can listen to the meeting (and for Common Interest Community Associations, the ability to comment during owner forum), it is not necessary for the meeting to take place at a fixed, physical location. Going forward, our attorneys are available to assist in helping make modifications to meeting practices.

Based upon guidance from the CDC, we are starting to see county courthouses postpone cases for an approximate thirty (30) day-time frame. At drafting of this update, Cook, Kendall, Dekalb, and Kane County have postponed most association-related cases until mid-April, 2020. In addition, we are seeing moratoriums being put in place with respect to eviction orders. Therefore, boards need to be mindful there will be a delay with eviction and other association cases in the upcoming month(s). As more information becomes available, we will continue to provide updates.

Finally, the majority of the Keough and Moody staff will be working remotely. For several of our attorneys and members of our support staff, this is a normal occurrence as we have provided remote-working opportunities for many years. Be assured our attorneys remain readily available to assist with any legal-related need, including those related to handling COVID-19 issues within your community.

We thank you for your continued support. Stay well.

If you have any questions, please do not hesitate to contact Chuck Keough at cmk@kmlegal.com.