Law Changes Have an Effect, Big and Small, on Associations

Daily Herald (Arlington Heights, IL), September 13, 2003 | Go to article overview
Save to active project

Law Changes Have an Effect, Big and Small, on Associations


Byline: Jordan I. Shifrin

Every year, the Illinois legislature takes up proposed changes to the Illinois Condominium Property Act. Sometimes these changes are mere window dressing and sometimes they have a serious impact on the operation of an association. This year, we have both. The following is a summary of recent legislation that may affect unit owners living in common-interest and condominium associations.

Mail-in elections:

First, the adoption of Public Act 93-0243, revised Section 18(b)(9) of the Illinois Condominium Property Act ("ICPA"), was signed into law recently and will take effect January 1, 2004. Public Act 93-0243 governs the election of the board of directors, codifying the process for mail-in and absentee ballot procedures, which are in use in some associations already. Previously, there were very few guidelines for an association to follow regarding the governance of this type of election. The new legislation provides regulatory guidelines.

Specifically, the revised section provides a board of directors with the authority to restrict the usage of proxies in an election by requiring unit owners to vote by submitting an association- issued ballot in advance, which will be counted at the election meeting. Essentially, absentee-balloting is now permitted. (In the past, proxies had space for "preferences" only.)

In preparing the association-issued ballot, the board must first provide at least 21 days' prior written notice of the inclusion of any candidate's name to be placed on the ballot. Additionally, space must still be reserved on the ballot to insert write-in candidates. Once the candidate application deadline has passed, the association-issued ballot shall be mailed to all unit owners prior to the election meeting. The owners may vote by (1) completing the ballot and mailing it back to the board prior to the election or (2) completing the ballot at the meeting. Any mailed-in ballots received by the association after the close of voting shall not be counted.

Finally, if an owner attends the meeting and elects to vote in person, they can revoke any previously submitted mail-in ballot.

By establishing the slate prior to mailing ballots (even though write-in candidates are permitted), a board can restrict or prohibit nominations from the floor at the election meeting.

All associations should adopt clear and concise rules governing elections, to avoid any confusion which may occur at an annual meeting and reduce the ever increasing number of proxy fights.

To implement election rules consistent with the recent changes, the board must adopt these rules, or an amendment to the declaration and by-laws, at least 120 days prior to an election.

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited article

Law Changes Have an Effect, Big and Small, on Associations
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?