What to Know About Closed Session Board Meetings

A community association board has a duty to act in the best interest of the community. Many of the issues boards/managers need to handle are complex. In certain circumstances, there are sensitive issues that need to be addressed — and a closed-door meeting may be appropriate.

In Illinois, HOA boards and condo boards both have the right to have closed door meetings and closed sessions during otherwise open meetings. There are important rules, regulations and procedures that must be followed. In this article, our Illinois community association attorneys explain the most important things you need to know about closed session board meetings.

Illinois Condo Law: Limitations on Closed Sessions

A closed session can occur during any HOA/condo meeting. However, there are some limitations on which issues can be handled behind closed doors. Only certain sensitive matters can be addressed during a closed session community association meeting. Specifically, Illinois law allows the following six issues to be discussed during closed session board meetings:

1. Matters involving current/former employees or current/former contractors;
2. Interviewing of potential employees or contractors;
3. Discussion of a potential violation of community rules;
4. Discussion of an owner’s unpaid assessments.
5. Review of the implications of pending or likely litigation; or
6. Consultation with legal counsel.

Important Regulation: Keep Minutes of Closed-Door Meetings

For HOA/condo managers and board members, one of the most important things to know about closed door meetings is you must keep minutes. Under both the Illinois Condominium Property Act and Illinois Common Interest Community Association Act, associations should record minutes for closed door meetings and maintain those records for a minimum of seven (7) years. To ensure compliance with state regulations, it is recommended closed door meeting minutes include the following information:

1. Date, time, and location;
2. A list of attendees at the meeting;
3. The purpose of the closed-door board session; and
4. The length of the meeting.

Make Sure Your Operating Procedures Comply With Illinois Law

Community association boards must comply with relevant state and local regulations. The failure to do so could put the homeowners’ association or condo association at risk of legal liability. If you have any questions or concerns about your current operating procedures, it is highly recommended you consult with an experienced Illinois HOA/condo law attorney. A lawyer will be in the best position to review your protocols and ensure all legal guidelines are followed — while also allowing your board to retain the privacy it needs to deal with sensitive matters.

Get Help From an Illinois HOA/Condo Lawyer Today

At Keough & Moody, P.C., we provide comprehensive, personalized legal services to HOAs, condo associations, and townhome associations. If you have questions about closed session board meetings, we are here to help. To set up a confidential consultation, please contact us today. With office locations in Naperville, Chicago and Tinley Park, we serve communities all over Northern Illinois, including in Cook County, DuPage County, Will County, Lake County and Kendall County.