—President Selling Out
“If it appears the president is acting to postpone meetings for the purpose of furthering his own personal agenda, the remainder of the board should take action to override this tactic. Subsection 18(a)(19) of the Condominium Property Act provides that special board meetings may be called by the president or 25 percent of the members of the board. If important board business is being delayed, the other board members should call a special board meeting and move forward with addressing the issues which have been deferred (with or without the president’s support), so long as a quorum of board members is present at the special board meeting.
“Subsection 108.60(c) of the Illinois General Not For Profit Corporation Act of 1986 requires that a board member recuse himself or herself from board decisions which directly affect the board member. If board decisions which directly affect the president arise, the president should refrain from participating in the discussion or vote relative to those particular issues. The president may be counted in determining whether a board quorum is present and may participate in board decisions relating to other business.
“If the president actively interferes with board business moving forward, a possible option could include removal of the president as an officer and/or as a board member. In an extreme case, the association could consider initiation of injunction litigation against the president. Once the president successfully closes on the sale of his unit, he no longer may serve as an association board member or officer.”