In the past couple of weeks, we
have seen many association boards conduct business by holding board meetings by
video or telephone conferencing in order to ensure compliance with both the stay-at-home
order and with the open meeting requirements of the Illinois Condominium
Property Act (“Condo Act”) or the Common Interest Community Association Act
(“CICAA”). Boards will, however, face added challenges if they have an upcoming
board election but no rule in place for allowing members to vote by submitting
a ballot electronically. This is because both the Condo Act and CICAA require
associations to adopt rules and regulations ahead of board elections to permit
electronic voting. Specifically, the Condo Act requires a Board to adopt a rule
at least 120 days before a board election.

If an association does not currently
have a rule in place allowing for electronic voting, then in order to comply
with the stay-at-home order and ensure the safety of all members of the
association, boards should maintain the status quo of the board and delay the
holding of an election until the stay-at-home order is lifted and it is safe to
hold an election in person.

If a board wishes to adopt a rule allowing for electronic voting before an upcoming election, additional details about the process can be found in a previous blog post at https://www.condolawwatch.com/2019/06/is-your-association-ready-for-the-next-election-adopting-rules-for-electronic-voting/.

If you have any additional questions regarding electronic voting, please contact one of our HOA attorneys.

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