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:

  1. 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.
  2. An association may require less than a majority. For example, they could require that two of a five-member board live on-site.
  3. The board cannot impose this by a Rule. Doing so is in violation of the Condominium Act and various court decisions.
  4. The only way an association may put this requirement in place is via an amendment to the Declaration/By-laws.