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Posts Tagged ‘condominium 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.

2014 PALM II Decision Has Changed the Ball Game for Conducting Business by Illinois Condominium Association Boards

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

The 2014 Appellate Court decision in the long running dispute  Of Gary Palm v 2800 Lake Shore Drive Condominium Association will have long lasting and deep effects on the conduct of the Board of Managers of Illinois condominium associations.  The decision will change the way most Boards conduct their business.  Until Palm, most condominium associations and condominium law attorneys believed that a Board could meet in “closed session” telephonic or in person meetings or e-mail exchanges to discuss association business, so long as no final decisions were made or votes taken.

 

The Palm decision has turned that belief on its head, by holding that any meeting of a quorum of board members to discuss association business, including by telephone or e-mail, had to be held as an open meeting of the board, with proper advance notice to unit owners.  The only exceptions to this rule were the three specific exceptions to the open meeting rule set forth in the Illinois Condominium Property Act, which are meetings:

  •  To discuss pending or threatened litigation involving the association;
  • To consider information regarding the hiring and firing of employees; or
  • To discuss rule violations or unpaid assessments.

 

Association Boards should be sure to consult their legal counsel regarding the rules of the post Palm II “brave new world” and to set up procedures to make sure that they do not run afoul of the law.  Feel free to contact an experienced Illinois condominium law attorney at Kreisler Law, if you have questions about the Palm II decision or any other area of condominium association law.

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