A reader asks the Condo Adviser: 'Are there any criteria for experience or competency to serve on a condominium board?'
The only legal criteria specified in the Condominium Act for serving on a condominium board is to be a unit owner of a unit in the association.
A: Pursuant to Section 18 of the Condominium Act, the only legal criteria for serving on a condominium board is to be a unit owner of a unit in the condominium association. There is no other legal criteria for serving on a condominium board in the Condominium ActNonetheless, directors have fiduciary obligations to the unit owners of the association under Illinois law.
A: Management companies are agents of the association. If there is a dispute between the board of directors and a management company, unit owners should follow the direction of the board of directors because it is the board that is granted legal authority under the condominium declaration and bylaws to collect assessments and enforce remedies against unit owners for nonpayment of assessments, not the management company.
Q: I am an owner in a small, 10-unit townhouse community association. Our board of directors raised the assessments $200 a month to $300 a month, which is a 50% increase. Is the board authorized to increase our budget so much?
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