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Loren, Attorney
Category: Business Law
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Experience:  30 years experience representing clients .
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I live in a Illinois subdivision that is governed by (3) homeowners

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I live in a Illinois subdivision that is governed by (3) homeowners associations (SFH, Townhouses & Condos). I am the president of the main HOA (SFH). I would like to allow a representative of each of the other 2 HOAs attend (not vote in) our meetings for the purposes of information sharing in areas common to all parties. For that matter, I don't see why a Condo owners cannot attend our HOA to express concerns they may have over, lets say, the wetlands being that they are governed by us but their unit butts up to it. Is their explicit rules and/or regulations restricting them from attending or as a board, can we decide as long as we're consistent?
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

There is nothing in the Act or other statutes which would prohibit you from allowing owners or nonvoting observers to attend your board meetings.

There are certain sensitive matters which would require a closed session (such as litigation matters or disclosure of private information).

Assuming the bylaws permit it, though, you can otherwise authorize interested parties to attend your meeting.

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Customer: replied 3 years ago.

So, just to clarify for myself, the Illinois act, I believe, defines "members" and states that the meetings are for members but since it doesn't explicitly exclude non-members, we would be within our rights to allow them to attend? My analogy on this is that if the act were really that strict, if a husband was the only one on the deed to a unit, than the wife would not be allowed to attend the meeting (thou she wouldn't be able to vote without a proxy, only the husband) I agree that there is still information that we as a board would need to go into closed session to address (deliquencies, etc..). I just wanted to make sure from a legal perspective if i pitched it to my and the other boards, I wouldn't be violating any statutes.

Thank you, Tom, for following up with me.

Yes, that is correct.

I would recommend, however, that you codify this in the bylaws though because you can get mired in objections from members, which is an unnecessary distraction from association business.

However, it is not illegal in the statutes if it is consented to by the board and members.

Thank you.

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