| One of the most important duties of the board of managers is
to call and hold an annual meeting of the unit owners for the purpose
of electing a new board. The rules and procedures for holding an
election are very complicated. A board should seek the assistance
of a professional management company as well as an attorney in
order to make sure it is following the proper procedures.
It should be noted that condominium boards have most of the
power to act with respect to the property and that the unit
owners are relatively powerless to influence board decisions
that may affect them greatly. For this reason, it is imperative
that board elections be fair and free, and that no unit owner
is unfairly excluded from voting. Otherwise, the unit owners
will have no input whatsoever into how the affairs of the condominium
are to be managed.
Under Illinois law, there must be at least 3 directors, and
the number of directors must be specified in the bylaws. The
board is to be elected at large from among the unit owners.
Each board member may serve the term specified in the declaration,
except there is a limit of 2 years per term (although board
members may succeed themselves).
Voting may be in person or by proxy. Voting is counted according
to the units' percentage interest in the common elements, and,
except as may be otherwise stated in the declaration or bylaws,
members are elected to the board by a plurality vote. That
is, those candidates receiving the highest number of votes
are elected to the board even if they do not receive a majority
of the votes cast.
The board does not have the authority to attempt to influence
the outcome of the election. A board that distributes proxies
must meet specific requirements in the law designed to avoid
unfairness by the board. There are a number of other legal,
technical requirements for calling, notice, and operation of
board elections that should be followed.The board should consult
with the association attorney to ensure proper legal compliance.
(See "How to Run an Election") |
