Condo board elections are an integral part of the annual meeting. The elections determine who will assume the mantle of outgoing board members, setting the COA up for the future. Given their importance, associations must understand the statutory requirements for elections and the proper way to conduct them.
What are Condo Board Elections?
A condominium association election is a process by which unit owners vote to select members to replace outgoing board directors. Elections typically take place at the annual membership meeting each year. To ease the transition and ensure continuity, terms are usually staggered, which means not all positions will be empty at the same time.
In Illinois, 765 ILCS 605/18 (the Condominium Property Act) mandates that a COA’s bylaws should provide for the following:
- An election from among the unit owners,
- The number of members in a condo board,
- At least one-third of the condo board’s terms expire every year, and
- All board members must be elected at large.
The Condominium Property Act also states that, in a unit with multiple owners, only one owner may serve on the board at any given time. This means that no two members of the same household can serve on the board at the same time.
Illinois Condo Board Election Rules
Board elections must comply with the statutory requirements and procedures set forth in state law. In Illinois, 765 ILCS 605/18 contains most of these provisions.
Notice of the Election Meeting
If the association is issuing ballots or conducting the vote through electronic means, it must mail the ballots or distribute them to unit owners:
- Not less than 10 days, and
- Not more than 30 days before the election meeting.
Deadlines for Nomination
Unit owners can submit nominations for the board elections. According to Illinois law, COAs must provide owners with at least 21 days’ written notice of the deadline for nominations. The deadline itself must be no more than 7 days prior to the distribution or mailing of the ballots.
Proxy Requirements
An association can use and distribute proxies for the condo board election. That said, proxy forms must allow unit owners to designate any person as their proxy. The form must also indicate a preference for which candidates will receive the voter’s vote, or allow a write-in.
Electronic Voting
Condo associations in Illinois may enact rules for electronic voting ballots. Under certain conditions, unit owners must vote either by association-issued ballot or by acceptable electronic means, rather than by proxy.
Quorum Requirements
A quorum is the minimum number or percentage of unit owners that must be present for an election or meeting to proceed. Without a quorum, the COA can’t hold elections and must postpone them to a later date.
For condominiums with 20 or more units, the quorum requirement is 20 percent, unless the governing documents specify a higher percentage. Additionally, voting uses a percentage-based system, meaning each owner’s vote is weighted by the undivided interest in the common elements. Sometimes, the bylaws will provide a different allocation of voting percentage.
It is important to note that proxy forms and mail-in ballots may count towards a quorum. Board members should check their governing documents or consult a lawyer for confirmation.
Candidate Biographies
In a condo board election, the association may distribute information about the candidates running for open positions. This is only possible if all candidates have a chance to include information, with the board expressing no preference or favoritism.
Candidate Presence During Counting of Ballots
Finally, Illinois law requires that candidates or their representatives have the right to observe ballot counting. This ensures transparency and avoids disputes on the validity of the elections.
The Condo Board Elections Process
While the exact steps may vary depending on their bylaws, associations generally follow the election process outlined below.
1. Determine Open Positions
First, the board must identify which positions are up for election. Associations typically stagger board members’ terms to ensure the board isn’t replaced all at once.
2. Finalize Electoral Roll
The electoral roll lists all eligible voters along with their addresses and contact information. Board members must review and update this list before the election to ensure accuracy. It is also important to mark which owners are ineligible to vote (those with unpaid fees, outstanding violations, etc.) in accordance with state laws and the governing documents.
3. Notify and Open Nominations
Next, the condo board must send written notice of the election and nomination deadlines. The nomination methods will depend on the association’s bylaws. From there, the board should disseminate candidate information and publicize the election itself.
4. Organize Elections
The condo board should send out ballots or set up electronic voting systems. Make sure to follow state laws and the association’s bylaws for conducting elections properly. Failure to do so can render the elections invalid.
5. End the Election and Count the Votes
Board members should inform owners of the ballot casting deadline. After the due date, the COA must then count the votes, allowing candidates or their representatives to observe the process. Many condos are even required to bring in an inspector or third-party neutral to count the votes.
Once the victors have been determined, the board must then send notice to all unit owners. Introduce the new board members at a meeting. Make sure they receive all pertinent hand-offs and training.
Condo Board Elections FAQs
Do condo board members have term limits?
Yes, there are typically term limits for condo board members. The exact lengths will depend on state laws and the governing documents. In Illinois, the Condominium Property Act requires that the terms of at least one-third of the board members must expire annually.
Can renters vote in condo board elections?
Whether renters have voting rights depends on the condo’s bylaws. More often than not, renters do not get a vote. Instead, it is their landlord or unit owner who casts the vote. That said, unit owners may sometimes designate their tenant as their proxy.
Can spouses serve on the condo board at the same time?
It depends on state laws and the condo’s bylaws. Under Illinois law, 765 ILCS 605/18 states that no two owners of the same unit may serve on the board simultaneously. If each spouse owns a separate unit, then they may be able to join the board at the same time, but the bylaws may still impose limitations.
Navigating Elections With Ease
Condo board elections can be confusing. Board members must adhere to the requirements and procedures set forth in state laws and their governing documents. Sometimes, the best course of action is to seek help from a condo management professional.
Hillcrest offers condo management services to communities in Chicago. Call us today at 630-627-3303 or contact us online to request a proposal!
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