Board election rules during covid - virtual possible?

Our management company advised that we can only hold board elections in physical meeting in Illinois.
Our board meetings are virtual due to Covid and likely to continue this way well into next year.

Just wondering if anyone knows whether the requirement is really true and whether other options are available?
How do others handle this?

Typically, proxies are not allowed for board meetings.

From

https://www.idfpr.com/Forms/COVID19/COVID-19%20Guidance%20for%20Condominiums%20and%20Common%20Interest%20Community%20Associations%2005132020.pdf

Q. Under current law, are virtual board meetings acceptable? FAQs2A. The simple answer is “yes,” understanding that proper notice of a meeting, generally 48 hours in advance by mail or email and posting of the notice, must be given. That notice should include specific, detailed instructions on how unit owners can attend those meetings in a virtual manner. Whatever form of electronic means is used, all persons must be able to hear one another and be heard.The CPA provides that the bylaws of each association must provide that board members may participate in and act at any meeting of the board of managers in person, by telephonic means, or by use of any acceptable technological means whereby all persons participating in the meeting can communicate with each other; and that participation constitutes attendance and presence in person at the meeting.The Illinois General Not for Profit Corporation Act applies to condominium and common interest community associations and authorizes both virtual member and director meetings. (805 ILCS 105/107.05(c); 805 ILCS 105/108.15(c)). Therefore, a meeting could occur by conference call, Skype, Zoom, or other acceptable technological means.

Oops; forgot to add:

See TimB4's fine post.

You may want to reach out to the secretary of states office for guidance on this. Covid restrictions have put the squeeze on a lot of things like sealed bids that need to be opened during a meeting.
Bids are unsealed during a video conference meeting, I do not see why ballots can't be unsealed during a video conference meeting as well.

See below, in case your HOA is one of the types of entities described in the article--in any event, it's likely that virtual meetings are fine, but even if they aren't just call a physical meeting and get sufficient proxies as described above:

https://www.jdsupra.com/legalnews/virtual-shareholder-and-board-meetings-35274/

First, see Tim's citation. Here, instead of Ownrs meetings, it uses the language of "member meetings." This also is something tees called membership meetings. It means owners, not board members. Ask your MC to show you a citation that says your cannot have a virtual member meeting.

Concerning general membership meetings (i.e. the one that typically elects the directors), a simple google search, IL covid HOA elections ,provided the following:

Conducting Safe, Socially Distanced Condo Board Elections A July 2020 article

Using Technology in Community Association Board Meetings & Elections (Illinois) A June 2020 article

Community Association Meetings During the Coronavirus Pandemic (Or Any Other Time of Crisis) A March 2020 article

UNLESS the governor for Illinois in their emergency declaration made provisions in said declarations for these instances. I believe The NV governor did.

Have the election via mail-in, or online balloting.

No court or judge is going to overturn an election done properly in the time of COVID - but, the same legal system won’t work up a sweat about not having an election in the time of COVUD, either.

If it's done by zoom, you open everyone's mic and ask for nominations.

We use proxies every year and also require nominations from the floor.

Some members allow the proxy representative to vote as they see fit.

Some members direct the proxy representative to vote as directed. When this occurs, those nominated from the floor tend to have less votes. Not an issue for us, as we typically only get nominations from the floor when there aren't enough running. If there aren't enough running, a single vote can get a nominee from the floor elected to the board.

I am not saying you are wrong. I am saying I would like to see proof. Why? Because this pandemic has put much law in uncharted waters. For example, executive orders cannot normally override statutes. As well, the law on 'abnormal situations' is not well-developed.

Here's one that may be of interest:

https://lucentlaw.com/governors-order-may-impact-your-washington-hoa-meetings/

JohnC,

In the case of mail in ballots only, it would not be possible.

If online meeting, could be possible.

Sure:

https://www.clearymawatch.com/2020/04/cuomo-executive-order-gives-new-york-corporations-relief-on-physical-annual-meetings/

NYC co-ops are NY corporations.

I agree.