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Q&A: No Attendance?

Q Our association holds monthly meetings on the same time, day and location every  month. Notices are posted in the elevators and common areas one week in advance  yet no one attends. If binding votes are required to be in the presence of  owners in an open meeting, what happens when there are no attendees? Can the  board still conduct business as usual even if there are not any owners present?  Please advise.  

 —Legally Binding  

A “There is no legal requirement that any owner must actually be present at a  properly called board meeting in order for the board to conduct business,” says attorney James A. Slowikowski of the law firm of Dickler Kahn Slowikowski & Zavell, Ltd. in Arlington Heights.  

 “The requirement, for all condominium and community associations, is that the  meeting be open to owners. Whether any owner actually attends does not matter.  The meeting must have proper notice, and a quorum of the board must be present.  As long as a quorum of the board is present, the board may conduct its business  even if no other owner is present. Although the meeting must be open to the  owners, this does not mean that any owner, other than the quorum of board  members, must be present to witness the board’s action. It simply means that the owners have a right to be present to observe  the actions taken by the board. There is no requirement that an owner be in attendance for the board to conduct  business.”