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Q&A: Publishing Meeting Minutes

Our management posts the minutes of its last board meeting on a website that unit owners can access, but they're often released several months after the meeting took place, and sometimes after the subsequent meeting has already happened. I have made repeated requests to receive them earlier, but both management and the board have ignored me or pointed the finger at the other party. I have not looked at the bylaws, but is there usually something therein about this? If it violates said bylaws, what action can I take to force them to publish minutes in a timely fashion?

—Waiting in Winnetka

“Generally speaking an association is not required to post minutes,” according to attorney Robert B. Kogen, managing principal with the law firm of Kovitz Shifrin Nesbit in Buffalo Grove. “Owners that want to see minutes have the ability to make a formal written request to management or the board. Some boards choose to post minutes however do not do so until they are formally approved by the board at the next meeting. Based on this email I would speculate that this is why this association is not posting minutes until after the next meeting. If so in my opinion this is in line with Illinois law.”    

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3 Comments

  • The actions of a condo board shall be transparent but the IL Condo Act enables boards and managers to be all the opossite. It is up to the personal integrity and good judgement of the president of a condo board, to keep the association businesses open and tranparent to avoid conflicts with the associations shareholders, in other words the owners. Unfotrunately, there is money in the equation, and unscrupulous boards have the power to waste or misused, and the owners do not have the funds to litigate, the boards use our own monies to fight us...the law is on the side of those boards.
  • Former Board President on Monday, January 5, 2015 11:57 AM
    Only meeting the minimum legal requirement regarding minutes and other disclosures is a bad practice. It fosters misunderstanding of Board actions, distrust of management and promotes apathy among unit owners. Your Board has other options that would satisfy your interest in meeting proceedings and open up communication with ownership. 1) The Board could issue clearly labeled DRAFT minutes within a week of a meeting. These could be posted in a common area or online. 2) The Board President, Secretary or Property Manager could post a summary of what was voted on in the Board meeting...or, 3) The Board or Property Manager could send an email blast newsletter keeping owners informed. There simply is no excuse for a Board not communicating essential Association business and news to unit owners.
  • Homeowner Townhome HOA on Tuesday, June 30, 2020 11:58 AM
    How can a board go into executive session without it 1) being on the agenda 2) voting on putting an executive session on the agenda 3) and vote on an action in executive session. Doesn't a homeowner deserve the right to be given a chance to tell their side of the story before a board decides to take action? With that being said, my situation is that the Association hired a contractor who damaged my air conditioner. The contractor had an HVAC guy come to my property, without me knowing he was coming, to talk to me about my a/c. almost 2 months went by and after not hearing anything I emailed our management company. They took weeks to respond after my follow-up emails. To make a long story short the HVAC guy finally came here with no write-up of what he was going to do with my a/c, showed up with a dented condenser and offered no advice to me when I asked him if the dented condenser was ok to install. He said he would take it back and get back to me via email when he knew something. Three weeks went by and I did not hear from the HVAC guy. I emailed the management company and told them what happened 3 weeks ago and I still haven't heard anything. I asked management to bring this up to the board to see what is going on. The board did not have it on their agenda for executive session and did not vote or motion to go into executive session at the meeting. But..did go into executive session and voted to send me an attorney's letter to not contact them on issues I've already brought up, hence my a/c. The Illinois Law does not permit voting in executive session. If a homeowner is getting ignored and their issues aren't being addressed what else is a homeowner supposed to do? And our declaration and by-laws encourage a homeowner to contact management and the board. What are some thoughts on this?