What Illinois Condominium Associations Must Know About Conducting Board Elections

Elections play a vital role in maintaining a well-governed condominium community. A properly conducted election ensures that unit owners’ voices are heard and that the association’s leadership reflects the collective will of the community. However, many condominium associations in Illinois overlook the specific legal requirements that govern the election process under the Illinois Condominium Property Act.

765 ILCS 605/18 of the Illinois Condominium Property Act sets forth detailed procedures that every Illinois condominium association must follow when conducting board elections, including how candidates are nominated, how ballots or proxies are distributed, and how votes are counted. Understanding these statutory requirements and incorporating them into your association’s governing documents and election practices is critical to ensuring transparency, fairness, and compliance with state law. For board members, property managers, and even unit owners, familiarity with these rules can help prevent disputes, avoid costly challenges, and foster trust in the association’s governance process.

Key Election Provisions in 765 ILCS 605/18 of the Illinois Condominium Property Act

Here are the main election requirements under 765 ILCS 605/18 of the Illinois Condominium Property Act that your association’s bylaws and protocols must reflect:

1. Bylaws Must Provide for Board Elections “From Among Unit Owners”

765 ILCS 605/18(a)(1) of the Illinois Condominium Property Act mandates that the bylaws of an Illinois condominium association must provide for: (i) the election from among the unit owners of a board of managers; (ii) the number of persons constituting the board; (iii) that at least one-third of the board members’ terms expire annually; and (iv) that all members of the board must be elected at large. Additionally, if there are multiple owners of a single unit, only one of the multiple owners may serve on the board at any one time.

Practical takeaway: An Illinois condominium association’s bylaws must clearly spell out how many board members are required to serve on the board, the term structure (with at least one-third rotating annually), that elections are at large (a.k.a. elected by the entire voting population), and the multiple-owner rule. If your bylaws don’t track this, now is the time to update them.

2. Clear Methods for Voting, Proxies, Ballots, and Electronic Means

765 ILCS 605/18(a)(18) of the Illinois Condominium Property Act requires that if proxies are distributed for board elections by the board of managers, the proxy form must give unit owners the opportunity to designate any person as the proxy holder, and to express a preference for any of the known candidates or write in a name. Moreover, 765 ILCS 605/18(b)(9)(B) and (B-5) of the Illinois Condominium Property Act allow Illinois condominium associations to establish rules for ballots or electronic voting. Under certain conditions, unit owners may not vote by proxy in board elections but instead vote by association-issued ballot or via acceptable technological means.

Practical takeaway: If your Illinois condominium association uses proxies you must ensure the form meets those requirements. If you shift to ballots or electronic voting, you must adopt a rule consistent with the Illinois Condominium Property Act and distribute instructions in advance. Make sure the method chosen is clearly reflected in your governing documents (bylaws or rules) and executed properly.

3. Notice and Nomination Deadlines

765 ILCS 605/18(b)(9)(B) of the Illinois Condominium Property Act provides that for an election by association-issued ballots (or electronic means), the ballots must be mailed or otherwise distributed to unit owners not less than 10 days and not more than 30 days before the election meeting. The board must give unit owners at least 21 days’ prior written notice of the deadline for inclusion of a candidate’s name on the ballots; that deadline may be no more than 7 days before the ballots are mailed/distributed.

Practical takeaway: Your nomination period, ballot distribution timeline, and election meeting date must align with these windows. A misstep in timing can subject the election to challenge.

4. Quorum and Voting Percentage Rules

Under 765 ILCS 605/18(b)(1) of the Illinois Condominium Property Act Section 18(b)(1), for condominiums with 20 or more units, unless otherwise provided, the percentage of unit owners constituting a quorum shall be 20% unless a higher percentage is specified. Also, voting is generally on a “percentage basis,” meaning each unit owner’s vote is weighted by the undivided interest in the common elements, unless the bylaws provide otherwise (for example, one-unit/one-vote).

Practical takeaway: Confirm your bylaws’ quorum definition matches the Illinois Condominium Property Act, that delinquent owners are treated correctly for quorum and voting, and that each unit’s voting weight/percentage is accurate.

5. Candidate Bio/Disclosure and Counting Rules

765 ILCS 605/18(a)(17) of the Illinois Condominium Property Act states that the board may disseminate biographies/background information about candidates, provided that all candidates are afforded the opportunity to include information, and the board doesn’t express a preference. Further, the statute requires that a candidate or their representative has the right to be present at the counting of the ballots.

Practical takeaway: Associations should adopt procedures to allow candidate submissions of biographical information and avoid board-preference statements. They should also ensure an election night process with proper observation of ballot counting.

Common Condo Board Election Pitfalls & Best Practices

• Pitfall: Using a proxy form that fails to allow write-in names or fails to designate any person as a proxy holder. Because the statute mandates those features, non-compliance can lead to legal challenges.
• Pitfall: Changing to an electronic voting method without properly adopting the rule or distributing instructions at least 10 days before. Boards must act proactively.
• Pitfall: Holding the election without meeting quorum because of delinquent owners being counted incorrectly.
• Best practice: Have your association’s attorney review the election section of your bylaws every few years, ensure the nomination and notice timeline is calendared, ensure proxy/ballot materials are prepared correctly, and keep detailed minutes of the election process (including how ballots/proxies were received, counted, and reported).

Conclusion

Elections might seem routine, but for Illinois condominium associations the stakes are significant. A flawed election can undermine the board’s legitimacy, open the door to litigation, and damage community trust. By adhering to the requirements in 765 ILCS 605/18 of the Illinois Condominium Property Act, as outlined above, your association positions itself for transparent, defensible governance.

If your Illinois condominium association hasn’t reviewed its election procedures (or bylaws) within the past couple of years, now is the time. At Hirzel Law, PLC, we frequently assist associations in updating governing documents, drafting election materials, and conducting attorney reviews of upcoming elections so that they go off without a hitch.