UNIT OWNER QUERY

Our Board of Directors meets regularly every 2nd Tuesday of the month. Yet it seems there are an excessive number of email votes that are non-emergency situations.  Unit owners are told this can be done, it is authorized, and the “vote” can be recorded in the minutes of the following months Board of Directors meeting.

THIS IS A VIOLATION OF CIOA

Boards have been permitted to vote without a meeting. However, the law regarding email votes has seen 2 major changes:

In 2010 legislation mandated ” The secretary promptly shall give notice to all unit owners of any action taken by unanimous consent  This can be via email, for any owner who has consented to receive notices by email or by ground mail or hand-delivery.

Instead of meeting, prior to 2015, executive boards could act by unanimous consent as documented in a record authenticated by all its members.

In 2015 [Public Act 15-211] allowed Board of Directors to act by not less than two-thirds consent. Reference Chapter 828, Section 47-250 Meetings. Rules.

Instead of meeting, the executive board may act by not less than two-thirds consent of all executive board members as documented in a record authenticated by its members, noting the consent or nonconsent of each executive board member. The secretary promptly shall give notice to all unit owners of any action taken by not less than two-thirds consent of all executive board members.

-It is prudent for a Board of Directors to check with their legal counsel to review issues that must be voted on at an open meeting.  It is also imperative that Board of Directors  keep in mind their obligation of transparency to the residents of their common interest community and the right of unit owners to be informed and involved.