Electronic Voting Statutes

Illinois Condominium Property Act CONTACT IL ATTORNEY

Illinois Common Interest Community Act (HOAs & Townhomes) Public Act 097-1090

Illinois General Not For Profit Corporation Act

Among the changes to the not for profit corporation act are welcome additions that recognize electronic communications, allowing certain approvals to be communicated by electronic means and allowing associations to permit on-line voting using e-mail or other electronic means. This would permit use of an electronic platform that permits voting to be conducted via the Internet through a website dedicated to the election! Note that condominium associations, whether or not they are incorporated, have those powers and responsibilities specified in the not for profit corporation act that are not inconsistent with the Condominium Property Act or the declaration/by-laws.

E-Mail/Electronic Voting. Unless otherwise prohibited by the articles of incorporation or by-laws, the election of directors, officers, or representatives may be conducted by e- mail or other electronic means. (Section 107.50)

Virtual Meeting Statute

Illinois commonly permits corporations, and nonprofits to conduct remote and virtual meetings. Remote meetings contingent on an association’s articles of incorporation, charter, or bylaws. The General Not For Profit Corporation Act of 1986 regulates non-condominium common interest community associations organized as not for profit corporations with ten (10) units or less, or an annual budget of $100,000 or less unless a majority of its directors or members elect to be governed by the Illinois Common Interest Community Association Act. 765 ILCS 160/1-75. Contact your association’s attorney to see what your community’s options are for virtual meetings based upon your governing documents.

Applicable Statute: General Not for Profit Corporation Act

2019 Illinois Compiled Statutes Chapter 805 - BUSINESS ORGANIZATIONS 805 ILCS 105/ - General Not For Profit Corporation Act of 1986. Article 8 - Directors And Officers

(c) Unless specifically prohibited by the articles of incorporation or bylaws, directors or nondirector committee members may participate in and act at any meeting of such board or committee through the use of a conference telephone or other communications equipment by means of which all persons participating in the meeting can communicate with each other. Participation in such meeting shall constitute attendance and presence in person at the meeting of the person or persons so participating.

(Source: P.A. 84-1423.)