How to implement electronic voting and notices within your association!
On January 1, 2015, Public Act 98-1042 took effect. This Act contains change to both the Illinois Condominium Property Act and the Illinois Common Interest Association Act regarding the ability to utilize electronic communications in sending notices and voting.
Prior to new adoption to both Acts, an association were forced to amend their declarations and/or bylaws to require approval of sending any notices or take votes via email. Thanks to the new changes in the law, associations can now take advantage of modern technology without the need to obtain approval.
So how does an association go about implementing these procedures within their association? Here is a general guide as to what steps must be taken before an association can began sending notices and using electronic voting.
1. Prepare the rule
First, the association must prepare a rule which authorizes the board to send out notices to members electronically, including how a member may send the notices (email, fax, text, etc.), and that a member may revoke the authorization at any time.
2 Adopt the rule
The association should hold a meeting of the unit owners to discuss the proposed rule. During the meeting, the board should vote to approve the rule. Please refer to the associations governing documents to determine if any specific procedures have been established concerning rule adoption.
3. Obtain owner consent and information
In order for an association to conduct business using electronic voting / notices, the owner must give his or her written consent.
If further questions arise, please contact your association attorney for detail information.