Illinois Condo and HOA Annual Meeting Guide: Notice Requirements, Closed Sessions, Recording, and Video Meetings
How much notice must an Illinois condominium or homeowners association give before its annual meeting? Under Illinois law, the answer is 10 to 30 days for both condominiums and common interest communities, but the details differ depending on which statute governs your association. Annual meeting season is also when boards ask what can be discussed in closed session, whether owners can record meetings, and whether the board can meet by video.
This Illinois condo and HOA annual meeting guide walks through the meeting and notice requirements under the Illinois Condominium Property Act, 765 ILCS 605/1 et seq., and the Illinois Common Interest Community Association Act, 765 ILCS 160/1-1 et seq. (“CICAA”), and closes with an annual meeting notice checklist for each type of association.
Which Illinois Statute Governs Your Association’s Annual Meeting?
The Illinois Condominium Property Act applies to all condominiums in Illinois. CICAA applies to non-condominium communities such as townhome and single-family home developments. Under Section 1-75 of CICAA, an incorporated association with 10 units or fewer, or with annual budgeted assessments of $100,000 or less, is exempt from CICAA unless its directors or members elect to be covered. Neither is subject to the Illinois Open Meetings Act, because community associations are not “public bodies.”
Annual Meeting Notice Requirements for Illinois Condominiums and HOAs
Condominium Annual Meeting Notice
Under Section 18(b)(3) of the Illinois Condominium Property Act, an annual meeting must be held. Section 18(b)(6) requires written notice of any membership meeting to be mailed or delivered no less than 10 and no more than 30 days before the meeting, stating the time, place, and purpose of the meeting. Notice may be sent electronically only if the condominium instruments or rules expressly allow it and the unit owner has consented. Unless the condominium instruments provide otherwise, 20% of the unit owners constitute a quorum.
If the condominium association adopted a rule at least 120 days before the election requiring association-issued ballots in place of proxies, Section 18(b)(9)(B) adds further deadlines. Ballots must be distributed 10 to 30 days before the meeting, and owners must receive at least 21 days’ written notice of the deadline for a candidate to be included on the ballot.
HOA and Common Interest Community Annual Meeting Notice
Section 1-40(a) of CICAA likewise requires notice of any membership meeting at least 10 and no more than 30 days before the meeting, detailing the time, place, and purpose of the meeting. Notice must be sent through a “prescribed delivery method,” such as mail, delivery, or electronic transmission. Twenty percent of the membership constitutes a quorum unless the community instruments specify a lower percentage.
If the homeowners association votes electronically, Section 1-25(i) requires that voting instructions be distributed 10 to 30 days before the meeting, that all candidates who gave timely notice of their candidacy be listed, and that write-in votes be allowed.
Board Meeting Notice Requirements in Illinois
Both statutes require the board to meet at least four times per year and to give at least 48 hours’ notice of board meetings. Under Section 18(a)(9)(E) of the Illinois Condominium Property Act, a condominium board must post notice in entranceways, elevators, or other conspicuous places and must also notify owners who have authorized electronic delivery. Under Section 1-40(b)(4) of CICAA, notice may be given through a prescribed delivery method or by posting. Many boards elect officers at a board meeting immediately after the annual meeting.
Budget and assessment meetings carry longer notice periods. A condominium board must give notice of a meeting to adopt the budget or a special assessment in the same manner as a membership meeting (10 to 30 days in advance), and owners must receive the proposed budget at least 25 days before adoption. A CICAA board must give 10 to 60 days’ notice of a budget or assessment meeting and distribute the proposed budget 30 to 60 days before adoption.
What Can an Illinois Condo or HOA Board Discuss in Closed Session?
Under Section 18(a)(9)(A) of the Illinois Condominium Property Act and Section 1-40(b)(5) of CICAA, the board may close a portion of a noticed meeting, or meet separately, only to:
- Discuss litigation that is pending, or that the board finds is probable or imminent;
- Discuss the appointment, employment, engagement, or dismissal of an employee, independent contractor, agent, or other provider of goods and services (CICAA also includes third-party contracts);
- Interview a potential employee, contractor, agent, or vendor;
- Discuss violations of the association’s rules and regulations;
- Discuss a unit owner’s unpaid share of common expenses; or
- Consult with the association’s legal counsel.
Any vote on these matters must be taken in an open meeting. The board should still keep minutes of closed sessions, and both statutes require that minutes be maintained for at least 7 years.
Do Owners Have a Right to Speak at HOA Board Meetings?
Under Section 1-40(b)(6) of CICAA, the board must reserve a portion of every board meeting for member comments at a length and time the board chooses. The Illinois Condominium Property Act has no similar requirement, yet it is good practice to reserve a small portion of the meeting for unit owners to raise any issues.
Can Owners Record Illinois Condo and HOA Board Meetings?
In a condominium, yes. Section 18(a)(9)(C) of the Illinois Condominium Property Act provides that any unit owner may record the open portions of a board meeting by tape, film, or other means. The board may adopt reasonable recording rules, but cannot prohibit recording altogether. Owners have no right to record closed sessions.
CICAA does not contain a comparable provision. Accordingly, whether owners may record a common interest community board meeting depends on the condominium association’s governing documents and rules. A CICAA board should adopt a written recording rule before the issue comes up.
Can an Illinois Condo or HOA Board Meet by Video or Phone?
Section 18(a)(9)(B) of the Illinois Condominium Property Act allows condominium board members to participate in and act at any board meeting by telephone or other acceptable technological means, so long as all participants can communicate with each other, and that participation counts as attendance in person. Although CICAA has no equivalent provision, a common interest community association incorporated under the Illinois General Not For Profit Corporation Act may also meet by telephone or other acceptable technological means, provided that the articles of incorporation or bylaws do not prohibit such communication.
Remote participation does not eliminate the owners’ right to attend, so the notice should include the video link or dial-in information. Both statutes permit electronic notices and votes (Illinois Condominium Property Act Section 18.8; CICAA Section 1-85), but the association must use paper for any owner who has not authorized electronic communication in writing.
Illinois Condominium Annual Meeting Notice Checklist
☐ Mailed or delivered 10 to 30 days before the meeting
☐ Sent electronically only to consenting owners, as permitted by the instruments or rules
☐ States the date, time, location (and video link, if applicable), and purpose, including the board seats up for election
☐ Includes ballot and candidate deadlines, if the association uses association-issued ballots
☐ Includes a proxy form allowing the owner to name any proxy holder and write in a candidate, if proxies are permitted
☐ Includes notice of the board meeting, also posted 48 hours in advance
Illinois HOA Annual Meeting Notice Checklist (Common Interest Communities)
☐ Sent 10 to 30 days before the meeting through a prescribed delivery method
☐ Sent on paper to members who have not authorized electronic delivery
☐ States the date, time, location (and video link, if applicable), and purpose
☐ If voting electronically, include instructions, all timely candidates, a write-in option, and notice that a member may vote in person to void an electronic vote
☐ Includes notice of the board meeting
Conclusion
Annual meeting season brings the same questions every year: how much notice to give, what can be discussed in closed session, and whether owners can record. The Illinois Condominium Property Act and CICAA provides answers to these questions. Because votes taken at an improperly noticed meeting may be void, a board should review its governing documents and the checklists above before sending its notice.
The experienced Illinois community association attorneys at Hirzel Law, PLC can review your association’s notices, ballots, proxies, and agendas to help ensure your annual meeting complies with Illinois law.
