Association guidance during the pandemic: Boards must come together while Unit Owners stay apart
In this rapidly changing environment it is more important than ever that Boards stay informed and communicate with Unit Owners about actions that are being taken by the Board with respect to the current health crisis.
Part of a Board’s fiduciary duty of care to Unit Owners in an association is to protect the health and welfare of the Unit Owners. Just as there cannot be a massive and dangerous hazard in the middle of a common area road, the Board cannot turn a blind eye, allowing conditions that may jeopardize the safety of Unit Owners within parts of a property that fall under a Board’s responsibility. Just as a Board must take steps to prevent damage from rain and severe weather, Boards should affirmatively consider whether conditions on the properties are properly set up to protect against loss of life.
To continue reading, click here.
Remote meetings, emergency situations and electronic solutions guide
As situations change and our routines adjust, many Board Members and property managers wonder what their legal requirements are during this time. Business must go on and, luckily, the Illinois Condominium Property Act, Illinois Common Interest Community Association Act, and the General Not for Profit Corporation Act, which, together, cover all Illinois community Associations of all forms, allow for telephonic appearance at Board meetings. This means directors cast their votes via the telephone so long as Owners can “attend/conference in” and hear the Board’s business during the call.
Click here to read more about the guidelines.
Courts change for COVID-19
Presently, courts are changing their availability and case processing, which may affect assessment collections and other actions. Cook County has suspended many non-emergency cases for 30 days including all collections, Chancery cases and evictions. Other counties are implementing remote or telephonic appearances and some have yet to make formal statements regarding the change. Cook County has also suspended evictions for 30 days. Keep in mind that other counties will take similar action before the issuance of formal orders, but the prevailing determination we see now is that most court operations, aside from emergency matters or those that affect non-civil matters (e.g. domestic, criminal, custody), will be delayed for the coming month.
To read more, click here.