Q. I am a unit owner in a small condominium association. We recently had a board election and the longtime president was replaced by a new board member. The new president has been calling frequent meetings, each of which he deems to be an emergency, behaves in an authoritarian manner and, in my opinion, bullies other board members. What options do the unit owners have to address this situation? A. Unit owners elect board members and the board members themselves elect officers. The most common first step is for someone respected to speak with the board member to share how his demeanor and conduct are being interpreted to see if some changes could be made to build trust with the unit owners. If a candid conversation with the board member does not result in the desired outcome, condominium bylaws contain the legal standard to remove a board member from an officer position; most bylaws require two-thirds board member approval to remove an officer. If most of the other board members approve of the new president’s handling of board affairs to the disappointment of the unit owners, the unit owners’ next legal recourse would be to call a unit owner meeting with 20% of the unit owners signing a petition for a unit owner meeting for the specific purpose of removing the director from the board (with proper notice sent to the unit owners). However, please note that removal of a director from the board requires two-thirds unit owner approval, which is a difficult hurdle to achieve. Q. I am a board member of a small condominium association. We have an abandoned unit where the unit owner’s location is unknown. A few years ago, a pipe burst in that unit, causing flood damage to other units and the common elements. The association paid the repair and mitigation bills, which totaled tens of thousands of dollars. Additionally, the unit has not paid assessments in several years. What is the process for the association to recoup the cost of damages, unpaid assessments and other fees incurred over the years? A. Pursuant to the condominium instruments and the Illinois Code of Civil Procedure, a condominium association may initiate a collection lawsuit for unpaid common expenses to obtain possession of the unit and/or a monetary judgment against the unit owner. Even if a unit owner cannot be found to obtain personal service of the lawsuit, with court approval the association may post notice of the lawsuit on the unit door and in a newspaper to obtain legal possession of the unit. Thereafter, with a possession judgment, the association can lease the unit until all unpaid common expense charges are paid. The possession order can be renewed every 13 months to extend the lease(s) as long as there is a continuing debt to be repaid. Additionally, the association could initiate a foreclosure action to foreclose the association’s lien; however, such an action must also foreclose any mortgage lenders, which would be paid first from the foreclosure proceeds. It is recommended to retain legal counsel to make sure the board understands the legal process and timing of pursuing a foreclosure lawsuit. Q. I’m on the board of a small condominium association. In a recent board meeting, we had a preliminary discussion about buying a security camera for exterior common elements. The board agreed that the next step would be to get cost estimates before taking a board vote. A week later, the cost estimate was obtained and sent to the board members via a group text. All the board members but me voted via text to approve the purchase of the additional security camera. I abstained from the vote because I did not think such a vote was proper. Is a vote by text or email permitted? A. Your understanding that a vote by condominium board members over a group text or email is not proper and in fact is prohibited by Illinois law. Specifically, email voting or canvassing was found improper by the Illinois Appellate Court in the 2014 case captioned Palm v. 2800 Lake Shore Drive Condominium Association. Decisions of the board are proper only if made by a quorum of the board at a board meeting with proper notice to the unit owners. To avoid the security camera expenditure being challenged, the board should properly approve the expenditure at its next properly called board meeting. Got a question for the Condo Adviser? Email [email protected].