RichardM19 (Illinois)
Posts: 21
Posts: 21
Posted:
Illinois has passed laws stemming from two court cases: Palm I and Palm II. This ruling pertained to HOA Directors' meetings without providing Owners with notice or ability to observe or make a public comment and has been made permanent under Section 18(a)(9)(A) of the Condominium Property Act and Section 1-40(b)(5) of the Common Interest Community Association Act. The notice must be provided to all the unit owners at least 48 hours before the meeting by posting notices in conspicuous places throughout the association as well as by personal delivery or mail (unless the unit owner has agreed to accept notices by electronic means).it also provides that owners within common interest communities do have the right to make public comments.
However, there are exceptions to the rule that every board meeting must be open to the public. Under Section 18(a)(9)(A) of the Condominium Property Act, condominium board meetings (or portions of those meetings) where certain items are discussed can be done in a closed session. More specifically, under that section, a condominium board can meet and discuss items outside the presence of non-board members to:
1. discuss litigation when an action against or on behalf of the particular association has been filed and is pending in a court or administrative tribunal or when the board of managers finds that such an action is probable or imminent;
2. discuss the appointment, employment, engagement, or dismissal of an employee, independent contractor, agent, or other provider of goods and services;
3. interview a potential employee, independent contractor, agent, or other provider of goods and services;
4. discuss violations of rules and regulations of the association;
5. discuss a unit owner's unpaid share of common expenses or
6. consult with the association's legal counsel.
Recently, all of the Directors of our HOA for a Burr Ridge Community met at the President's house and discussed HOA actions. No notice of this meeting was provided! I am told that many topics and HOA issues were discussed, including one that will affect the appearance of every home in the community and cost Owners upwards of $1,000 or more. I understand that the Directors agreed to move forward with the project, and they will all act on this topic later to approve it. This culminates a many months-long process in which the President appointed ad hoc committees without the benefit of Board action, no public notice this is even occurring, and now a secret meeting. Several other topics, discussions, and consensus were reached that will also affect the community moving forward. The meetings are billed as informal meetings...
I FIND NO EXCEPTION for this meeting, informal or not, and that this meeting violates Illinois law. I wonder if any HOATalk member has information on whether this meeting was a violation of Illinois law and/or what cures might be available if it was violative.
However, there are exceptions to the rule that every board meeting must be open to the public. Under Section 18(a)(9)(A) of the Condominium Property Act, condominium board meetings (or portions of those meetings) where certain items are discussed can be done in a closed session. More specifically, under that section, a condominium board can meet and discuss items outside the presence of non-board members to:
1. discuss litigation when an action against or on behalf of the particular association has been filed and is pending in a court or administrative tribunal or when the board of managers finds that such an action is probable or imminent;
2. discuss the appointment, employment, engagement, or dismissal of an employee, independent contractor, agent, or other provider of goods and services;
3. interview a potential employee, independent contractor, agent, or other provider of goods and services;
4. discuss violations of rules and regulations of the association;
5. discuss a unit owner's unpaid share of common expenses or
6. consult with the association's legal counsel.
Recently, all of the Directors of our HOA for a Burr Ridge Community met at the President's house and discussed HOA actions. No notice of this meeting was provided! I am told that many topics and HOA issues were discussed, including one that will affect the appearance of every home in the community and cost Owners upwards of $1,000 or more. I understand that the Directors agreed to move forward with the project, and they will all act on this topic later to approve it. This culminates a many months-long process in which the President appointed ad hoc committees without the benefit of Board action, no public notice this is even occurring, and now a secret meeting. Several other topics, discussions, and consensus were reached that will also affect the community moving forward. The meetings are billed as informal meetings...
I FIND NO EXCEPTION for this meeting, informal or not, and that this meeting violates Illinois law. I wonder if any HOATalk member has information on whether this meeting was a violation of Illinois law and/or what cures might be available if it was violative.