Q&A: Recording Meetings by Conference Calls

Q With video/audio conferencing available, I'm wondering if association meetings  can be held via telephone conferencing. I'm wondering if there are any  parameters for this, or if there are any legal restrictions. Where can I find  the guidelines for meetings held by condominium associations?  

 —Talking Points  

A “Sections 107.05(d) and 108.15(c) of the Illinois General Not for Profit  Corporation Act allow individuals to participate in association meetings  remotely by telephone conference or other communications means,” says Robert Prince of Keough & Moody, P.C. in Naperville, IL.  

 “However, if the association's articles of incorporation or bylaws specifically  prohibit remote participation, then the association cannot allow board members  and members to participate. Provided those documents do not prohibit the practice, a board member or  committee member may participate in board meetings by remote means. The association may also allow members to participate in membership meetings as  long as the practice is not prohibited in the articles of incorporation or the  bylaws.  

 “An important caveat is that the means of communication among the participants  must allow the participants to communicate with each other. Thus, a member cannot merely have another member on the phone, relaying what is  happening. Instead, individuals who are participating remotely must be able to communicate  with those in attendance at the meeting, including each other. Therefore, having two individuals on speaker phone is likely not permissible  since they will not be able to directly communicate with each other.  

 “There are several items that an association should consider when dealing with  remote participation in meetings. First, members of the association may not have a phone, a computer or the  internet that would allow them to participate remotely. Since these individuals must be permitted to attend meetings under Illinois law,  the association will still have to have a physical meeting location. Second, though association meetings are open to the members, they are private  meetings. The association should have a system for verifying identities of participants in  the meetings to ensure that the meeting is only being accessed by its members.  

 “Associations should consider adopting rules and regulations concerning remote  participation at meetings so that it can appropriately respond to requests by  board members and members who want to attend in such a way.       

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