URGENT - Board Member Residing out of State

We are in Illinois. One of our board members moved out of state shortly after he was re-elected to the board last year and has not attended an open meeting since then. He does still own his unit, but it is currently rented. Our Bylaws says that "each member of the board shall be one of the unit owners and shall reside on the property" According to some of the other board members and our property manager, it has been determined to be unconstitutional that board members have to live onsite. I have spent hours today searching the internet and I sure can't find anything about any decision about it being unconsitutional. Our annual election is tomorrow night - and I really need an answer before then. Please!

LM1,

I checked the IL Common Interest Community Act and the Condo Act and did not see anything stating it is unconstitutional for a board member to be required to live onsite. I think I would have asked to see this law. Frankly it sounds absolutely absurd.

The treas of my assn lives in another state. She "attends" the monthly board meetings by speakerphone. My bylaws do not require board members to live onsite. But, because yours do, then that is the way it must be. This person should be asked to resign or should just be automatically removed. His seat on the board should be on the ballot for tomorrow night's annual election.

If a Board Member has missed three consecutive meetings, usually the remaining Board of Directors have the right to vote off the absentee member and place appoint a new member. I manage an HOA that just recently had this happen. The absentee Board Member then attempted to fight it with a lawyer but it was eventually dropped.