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Illinois Condominium Property Act Amended Regarding Distribution of Proposed Annual Budget

Written by Kreisler-Law-PC on . Posted in annual budget, condominium asociations, condominium association law, condominium attorney, Illinois Condominium Law, Illinois Condominium Property Act, proposed annual budget

A quirk of Illinois Condominium law has long prevented sending notice of the meeting at which an Association’s annual budget would be considered at the same time as the proposed annual budget was sent to unit owners. This is because one section of the law provided that the annual budget had to be sent out at least 30 days in advance of the meeting while another section required that the notice of meeting could not be sent out more than 30 days in advance. Effective June 1, 2016, this will no longer be the case, as the Illinois Condominium Property Act has been amended to provide that the proposed budget can now be distributed to unit owners at least 25 days in advance.

Kreisler Law condominium attorneys have represented Illinois condominium associations for forty five years and have a depth of experience and knowledge of Illinois condominium law. Feel free to contact a Kreisler Law attorney whenever you need an attorney experienced in condominium or community association law.

Illinois Condominium Law Clarified as to Closed Session Board Meetings

Written by Kreisler-Law-PC on . Posted in condominium association law, condominium attorney, condominium business, delinquent unit owner's assessments, Illinois Condominium Law, Illinois Condominium Property Act, open board meeting

The 2014 Appellate Court decision in Palm v 2800 Lake Shore Drive Condominium Association held that discussions of condominium business and taking action on matters at meetings closed to unit owners by a quorum of association Board members was improper except under very limited circumstances. Closed sessions could only be held to discuss (i) pending, imminent or threatened litigation involving the association, (ii) employment issues, (iii) rule violations and (iv) delinquent unit owner assessments.

Effective June 1, 2016, the Illinois Condominium Property Act has been amended to clarify how the closed sessions should be conducted. The amendment provides that closed sessions can only be held as part of a properly called open board meeting.

After the open board meeting is called to order, the directors may then move into a closed session to discuss the topics properly part of a closed session. The amendment also clarifies that any vote on matters considered in a closed session must take place in an open board meeting.

Kreisler Law condominium attorneys have represented Illinois condominium associations for forty five years and have a depth of experience and knowledge of Illinois condominium law. Feel free to contact a Kreisler Law attorney whenever you need an attorney experienced in condominium or community association law.

Illinois Condominium Property Act Amended to Empower Emergency Action by Association Boards

Written by Kreisler-Law-PC on . Posted in condominium association, condominium association law, emergency action, emergency event, ICPA, Illinois Association Board, Illinois condominium associations, Illinois Condominium Law, Illinois Condominium Property Act

The 2014 Appellate Court decision in Palm v 2800 Lake Shore Drive Condominium Association held that discussions of condominium business and taking action on matters at meetings closed to unit owners by a quorum of Association Board members was improper except under very limited circumstances. Effective June 1, 2016, the Illinois Condominium Property Act (ICPA) has been amended to clarify the power of an Illinois Association Board to take action in emergency situations.
A new section 18(a) 21 has been added to the ICPA to cover this situation. The new section specifically provides that “The intent of adding this paragraph (21) is to empower and support boards to act in emergencies”.

The new section permits the Board to ratify and confirm actions of board members taken in response to an emergency. The section requires that within seven business days of the occurrence of an emergency event, board members give notice to unit owners of the occurrence of the emergency as well as a general description of the actions to address the event.

Kreisler Law condominium attorneys have represented Illinois condominium associations for forty five years and have a depth of experience and knowledge of Illinois condominium law. Feel free to contact a Kreisler Law attorney whenever you need an attorney experienced in condominium or community association law.

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