I have received a number of phone calls lately regarding laws concerning the proper notice for a meeting. The notice requirements differ depending on the types of meetings. It is important that associations’ give proper notice of meeting. If for some reason improper notice is sent, then all actions taken in the meeting could be void.

The type of notice being sent depends on the type of association in which you reside and the type of meeting the board plans to call. The following is a good “cheat sheet” for a condominium board to review prior to calling a meeting. Time frames for non-condominium associations, such as townhome and homeowners’ associations, may differ.

1. The owners’ meeting. Generally, an association only has one owners’ meeting per year. This is the annual meeting at which time the board members are elected. Another owners’ meeting could be for the discussion of proposed rules and regulations or the removal of board members. All notices of owners’ meetings must be mailed or delivered to all owners no less than ten and no more than thirty days prior to the meeting.

2. Board meetings. Board meetings are the most prevalent. Technically, a board cannot make a decision unless it is at a board meeting. Under Illinois law, a condominium association must have at least four board meetings per year. Board meetings must be open to the unit owners. At the board meeting, the board makes decisions regarding the administration and operation of the association. Notice of the board meeting must be delivered to all board members at least 48 hours prior to the date of the meeting. In addition, notice must be posted in conspicuous places throughout the property to advise the owners of the date of the board meeting.

3. A board meeting to adopt the budget or special assessment. Although the board adopts the budget or any special assessment for the association, at a board meeting, notice must be mailed or delivered to all owners no less than 10 and no more than 30 days prior to the meeting. The 48-hour notice as set forth above does not apply to this type of meeting. In addition, the budget must be mailed or delivered to all owners no less than 30 days prior to the board meeting at which the board plans to adopt the budget. If the board is adopting a budget, they could do so with one notice provided it is sent exactly 30 days prior to the meeting.

4. Rules and regulations. As stated above, the rules and regulations must be discussed at an owners’ meeting. Under the statute, a proposed draft of the rules and regulations must be mailed or delivered to all owners no less than 10 and no more than 30 days prior to the date of the meeting at which the board plans to discuss the rules and regulations with the owners. Once the owners’ meeting is concluded, the board should call a board meeting to adopt the proposed rules. The board meeting may be held directly after the owners’ meeting or at a later date. At this board meeting, the board may adopt the rules and regulations as is or with any changes suggested by the unit owners.

The above is a good guide to use when sending notice for a meeting. The above time frames are for condominium associations only. Generally, the above time frames will apply to non-condominium association such as townhome and homeowners associations. However, the board must consult the association’s declaration to be certain. Remember, if notice is sent improperly, all decisions at the board meeting could be challenged. That is why it is important to make sure that proper notice is sent before conducting the meeting.

Originally published in the Pioneer Press (April 2005).

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