An issue of interest for a long time has been whether or not a community association can require that all Directors live on-site. This issue has been litigated, but attorneys specializing in association law have long advised that you cannot discriminate against off-site owners being on an association board.
However, effective January 1, 2022, the Condominium Act of Illinois is amended to state:
- An association can amend their Declaration/By-laws to provide that a majority of the board must be owner-occupants. This means a five-member board could require that three members must live on the property. They cannot require more than a majority.
- An association may require less than a majority. For example, they could require that two of a five-member board live on-site.
- The board cannot impose this by a Rule. Doing so is in violation of the Condominium Act and various court decisions.
- The only way an association may put this requirement in place is via an amendment to the Declaration/By-laws.