Q. Can a voice recording of an executive closed session of a condo board meeting by one of the board’s directors be restricted by the board?
—Unit Owner Seeking Transparency
A. “The Illinois Condominium Property Act generally requires that all board meetings be open to owners to attend, with some exceptions for closed session,” says James Stevens, a principal at the law firm of Chuhak & Tecson in Chicago. “The statute reads: ‘(9)(A) that every meeting of the board of managers shall be open to any unit owner, except that the board may close any portion of a noticed meeting or meet separately from a noticed meeting to: (i) discuss litigation when an action against or on behalf of the particular association has been filed and is pending in a court or administrative tribunal, or when the board of managers finds that such an action is probable or imminent; (ii) discuss the appointment, employment, engagement, or dismissal of an employee, independent contractor, agent, or other provider of goods and services; (iii) interview a potential employee, independent contractor, agent, or other provider of goods and services; (iv) discuss violations of rules and regulations of the association; (v) discuss a unit owner’s unpaid share of common expenses; or (vi) consult with the association’s legal counsel; that any vote on these matters shall take place at a meeting of the board of managers or portion thereof open to any unit owner…’ 765 ILCS 605/18(a)(9)(A).
“Section 18(a)(9)(C) governs recording of board meetings and states that ‘(C) that any unit owner may record the proceedings at meetings of the board of managers or portions thereof required to be open by this Act by tape, film or other means, and that the board may prescribe reasonable rules and regulations to govern the right to make such recordings.’
“This means that unit owners may not attend and may not record closed session meetings of the board.
“As for a director making a recording in closed session, there is no specific prohibition or allowance. Usually, boards may set their own procedures. I do not think there is a direct entitlement for a board member to record a closed session meeting.”