Q: The board of directors of my association recently announced in a newsletter that unit owners in violation of the association’s governing documents would be fined. Our documents contain very few rules and there is no fine schedule contained therein. Can the board fine owners for violations in any amount without modifying the governing documents?
A: There is no requirement for a condominium or community association’s governing documents to contain a schedule of fines for the board to be able to levy a reasonable fine against an owner for violations of the governing documents. Reasonableness is determined in the judgment of the board and should correlate to the gravity of the offense among other possible factors.
In both condominium and community associations, applicable statutes authorize the board to adopt reasonable fines after proper notice. For condominium associations, such authority is contained in Section 18.4(l) of the Condominium Act, and for community associations, Section 1-30(g) of the Common Interest Community Association Act.
Q: I was recently elected president of my condominium board of directors. The board has always operated with the president of the association only being entitled to vote in order to break a tie of the other four directors. Is this true or may the president vote like all other board members?
A: All directors elected to a condominium association board possess the right and ability to vote on all matters whether they hold an office, such as president, secretary or treasurer, or are a director at large.
Your association’s voting procedure is not customary and not a best practice because it omits the board president’s participation in board decisions. However, even if it is maintained, the president’s vote would not change the board’s decision if a majority of the board approves a matter.
Q: I live in a condominium association in the suburbs of Chicago. The board of directors holds its meetings in the daytime when most people are at work. Is there any legal requirement that board meetings be held at more reasonable times when unit owners are able to attend?
A: Section 18(a)(9) of the Condominium Act governs meetings of the board of directors, including requirements for content of notices and delivery of notice. The Condominium Act merely requires notices of meetings state the time and place for the board meeting. There is no requirement as to what time a board may call a board meeting.
It is a best practice for boards to hold meetings when the majority of unit owners are able to attend or provide a means for unit owners to access board meetings such as via telephone or video as a courtesy. If a board routinely calls meetings during the day when most unit owners are at work to avoid unit owner observation of board meetings, that fact will likely play a role in the selection of directors at the next annual meeting.