Page 7 - CooperatorNews Chicagoland Spring 2021

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COOPERATORNEWS CHICAGOLAND —
SPRING 2021
7
QUESTIONS & ANSWERS
Legal
Q
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Ballot Access
Q
My question is: who has access to ium Property Act (the ‘Act’) provides that unethical and in poor taste creating a divided days to vote upon the contract.
the actual vote count and to re-
view actual ballots of an Illinois date’s representative shall have the right to
condominium board election? Do board be present at the counting of ballots at the —Finding the Right Answer to Th is
members have such access? Do individual election. As far as unit owner access, sec-
unit owners have such access?
—Seeking Clarifi cation on Election
Procedures

A
“Th e answer is that ultimate-
ly, both board members and purpose that relates to the association. Th e Group, which has offi ces in Chicago and St. one other than the president should sign it
individual unit owners have board may require that as a condition of Charles, Illinois. “However, if the president to signify it was a board decision and not
such access,” says attorney Barry Kreisler of granting such access, that the unit owner or their immediate family member holds a the unilateral action of one board member.”
Kreisler Law, P.C., in Chicago. “As far as the certify in writing that the information con-
actual vote count, section 107.35 of the Illi-
nois Not for Profi t Corporation Act, which commercial purpose nor for any purpose tion 18(a)(16) of the Illinois Condominium
is applicable to all Illinois condominium as-
sociations, provides that any member may
request the appointment of an inspector or
inspectors for any meeting. Th e inspector(s)
ascertain and report the number of votes
represented at the meeting and count and
report the results of all votes.
“As far as reviewing the actual ballots, under contract to the association and for that of the contract. If the petition is delivered, a
section 18(a)(10) of the Illinois Condomin-
any candidate for the board or the candi-
tion 19 requires the board to retain ballots
and proxies related to ballots for all matters
voted on by members for the preceding 12
months. Under section 19, any unit owner for the property management company While it may not be ‘illegal’ for the presi-
may examine and make copies of those vot-
ing records upon a written request for any torney Matthew Goldberg of the BRG Law if the board did approve the contract, some-
tained in the records will not be used for any the property management company, Sec-
which does not relation to the association.”
Double Dipping?
Q
Is it illegal for a president of a
condo association to work for the
property management company
person to sign a new contract? Or is it just unit owner meeting must be called within 30
community?
A
“It is not ‘illegal’ per se for tract on behalf of the association without
the president of a condo-
minium association to work board at a properly noticed, open meeting.
under contract to the association,” says at-
25% or greater interest in the ownership of
Property Act requires that potential confl ict
be disclosed to the unit ownership within
20 days aft er the board has decided to enter
into the contract. Th ereaft er, the unit own-
ers have 30 days in which to deliver a peti-
tion to the board, signed by 20% of the unit
ownership, seeking to approve or disapprove
“It is also not ‘illegal’ for the president to
sign said contract, but I am assuming the
board authorized the president to do so. Th e
president may not, unilaterally, sign a con-
having fi rst been authorized to do so by the
dent to sign, common sense would indicate
n
Disclaimer: Th e answers provided in this Q&A
column are of a general nature and cannot
substitute for professional advice regarding your
specifi c circumstances. Always seek the advice of
competent legal counsel or other qualifi ed profes-
sionals with any questions you may have regard-
ing technical or legal issues.