Amendments to both the Illinois Condominium Property Act and the Common Interest Community Association Act were recently signed into law. As of January 1, 2017, both Acts will be amended to allow Boards to do the following topics outside of an open meeting:
- Discuss pending, probable, or imminent litigation;
- Discuss third party contracts or information regarding the appointment, employment, engagement, or dismissal of an employee, independent contractor, agent, or other provider of goods and services;
- Interview a potential employee, independent contractor, agent, or other provider of goods and services;
- To discuss violations of rules and regulations of the association;
- To discuss a member’s or unit owner’s unpaid share of common expenses; or
- To consult with the association’s legal counsel.
The recent change allows the Board to discuss any one of these six topics either in a closed session of a noticed board meeting or in a separate board meeting, even if it is separate from a noticed meeting. While the scope of what can be discussed in a closed session has expanded, actions of the board still must be approved by at least a majority of the board at a properly called meeting, where a quorum existed. That is, the law does not change that any votes related to these topics must be done in an open properly noticed meeting.
Board members must keep in mind that the ruling of Palm v. 2800 Lake Shore Drive Condominium Association, 2014 ILL App (1st) 11290, 10 N.E.3d 307, remains good law. Therefore, while these changes to the law certainly provide relief to board members from restrictions imposed on by Palm, we will still need to work through how to balance these amendments with the court’s ruling in Palm.
Source: Keough & Moody, P.C.