Q: I am a unit owner in a large, high-rise condominium building. For the ballot in annual elections, the board of directors lists candidates running for the board in alphabetical order on the ballots. A group of unit owners has requested the candidates be listed in a random order rather than alphabetical order for the upcoming election. The board of directors refused to move to a random order listing of the candidate names. Is there any statutory or case law basis that would prevent the listing of board candidates in a random order on a ballot?
A: There is no statutory provision, or case law, that deals with how a condominium board of directors chooses to list the names on an annual election ballot. Given the broad basis a board is granted to administer the association pursuant to its bylaws and Section 18.4(a) of the Condominium Act, the decision on how to list the names on a ballot is solely within the discretion of the board. Candidly, alphabetical order is the most common and recommended method to avoid the inference of preferences.
Section 18(a)(17) of the Condominium Act prohibits condominium boards from expressing a preference in favor of any candidate in an annual election.
Q: I am a unit owner in a large condominium association. Our board of directors has five board positions, but for the current election, only one person is running for the two available board vacancies. What happens if no other unit owners run for the board and there are less than five board members as a result?
A: The bylaws of every community association contains the number of board positions for the association. It is always recommended and encouraged that a sufficient number of unit owners to run for the board for the available positions; however, if an insufficient number of unit owners agree to run or serve on the board, resulting in less than a full-serving board, the board should still continue to operate until additional unit owners can be enticed to serve.
Any time there is a board vacancy in between annual elections, pursuant to Section 18(a)(12) of the Condominium Act, the board may fill an open board vacancy with a 2/3 vote of the board and that person shall serve until the next annual meeting.
Q: During board election season, are unit owners entitled to campaign if they choose to run for the board of directors? And if so, can unit owners set up a table in the lobby or must they campaign by a different method?
A: Every year, condominium associations hold an annual meeting to elect unit owners to serve on the board. As with all elections, some form of campaigning is a part of the process.
Organized condominium associations will solicit candidates to fill out candidate information forms, which are mailed to all unit owners as the primary method for candidates to introduce themselves. Some community associations additionally hold meet-the-candidate events.
Unless the board of a particular condominium association allows campaigning in the common elements such as the lobby, which is uncommon, campaigning in the lobby is usually prohibited by most condominium asssociations as it is disruptive to the unit owners. As such, for board candidates who desire to get out additional information beyond the candidate information form regarding their candidacy, those unit ownes are enttitled under Section 19 of the Condominium Act to request the name and address of all unit owners in the association and mail their additional campaign materials to unit owners.
Got a question for the Condo Adviser? Email ctc-realestate@chicagotribune.com.
Join our Chicago Dream Homes Facebook group for more luxury listings and real estate news.
