Behind Closed Doors: Will the Law Change Our Clandestine Board?

  • Posted: April 23, 2014

The 111 East Chestnut Condominium Insider Behind Closed Doors: Will the Law Change Our Clandestine Board?  As any concerned owner not in Milazzo’s inner circle knows definitively, we presently have the most clandestine Board we’ve ever had here at 111. Secret meetings, vigorously blocking legal information requests… stealth is the Board’s M.O. But is that about to change?

The Tribune’s Howard Dakoff had an article on that very topic last week. Quote: “On March 21, the Illinois Appellate Court filed an order in Palm v. 2800 Lake Shore Drive Condominium Association (Palm II) that interprets the open meeting requirements of the Condominium Act and the authority of a condominium board to delegate in a manner that is, practically speaking, inconsistent with how most condominium boards operate.”

“Inconsistent”?  Here that’s gross understatement. In summary, Palm II ruled:

That merely discussing association business outside a properly called board meeting, even without making a decision, constitutes conducting board business under the Condominium Act. Thus, a closed or informal working session (i.e. executive sessions and board workshops) without proper notice to unit owners is an unlawful meeting of the board.

That the practice of polling or canvassing board members via email or other means in advance of open board meetings, is also unlawful.

Hell, round-robin email discussions aside, our board even has a call-in number for these closed “executive sessions” (312-706-2408 password 1234). Without that, our board would be dead in the water. Milazzo et al. could not function exclusively in the open. According to a former board member, executive sessions and canvassing the board via email is how the board conducts its business, period. “The open meeting itself is merely to ratify decisions that have already been made.”

With the return of the old guard with our recent election, law or no law, don’t hold your breadth that that’s going to change anytime soon. They flout the law and sooooo like to play in the dark.

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