Board elections are the one moment every year when owners directly decide who runs the building. They are also where Illinois associations most often get into avoidable disputes, because the Condominium Property Act sets specific rules for proxies, ballots and candidate information that many sets of bylaws were written before. This guide walks through the questions boards ask most, with the statutory answer first.
One distinction before anything else: condominiums are governed by the Illinois Condominium Property Act (765 ILCS 605). Most single-family HOAs and many townhome communities are governed by the Common Interest Community Association Act, or CICAA (765 ILCS 160). The election rules are similar in spirit but differ in the details, and those differences are noted below.
Who can serve on an Illinois condo board, and for how long?
Under Section 18(a)(1), directors are elected from among the unit owners, at large, and the terms of at least one-third of the board must expire each year. Where a unit has several owners, only one may serve at a time. Section 18(a)(11) caps any single term at two years, though directors may be re-elected. For CICAA communities, Section 1-25(d) allows terms of up to four years.
Section 18(a)(1) also allows newer declarations, or amendments adopted under Section 27, to require that a majority of the board be owners who live in their units as their primary residence. The instruments cannot require more than a majority. If your bylaws contain a residency rule, confirm with counsel that it was adopted in a way the statute recognises.
When must the election be held, and how much notice do owners get?
Condominium owners must hold an annual meeting, and one of its purposes is electing directors (Section 18(b)(3)). Written notice of any membership meeting must give owners no less than 10 and no more than 30 days' notice of the time, place and purpose (Section 18(b)(6)). CICAA communities must hold an election at least once every 24 months (Section 1-25(a)).
For condominiums with 20 or more units, the quorum is 20% of the unit owners unless owners holding a majority of the percentage interest have set a higher figure (Section 18(b)(1)). Voting is on a percentage-interest basis unless the Act or bylaws say otherwise (Section 18(b)(7)). CICAA sets a 20% quorum unless the community instruments set a lower one (Section 1-40(b)(1)).
Can owners vote by proxy in an Illinois condo election?
Yes, by default. Section 18(b)(9)(A) allows a written proxy executed by the owner or their attorney-in-fact. The proxy must be dated, and unless the condominium instruments or the proxy itself say otherwise, it expires 11 months after it was signed. Where the instruments or rules expressly allow it, a vote or proxy can be submitted electronically.
If the board distributes the proxy form, Section 18(a)(18) imposes two requirements that are routinely missed. The form must let the owner name any person as proxy holder, not only a board member or the manager. And it must let the owner express a preference for any of the known candidates or write in a name. A board-distributed proxy that only allows the owner to hand their vote to the current president does not comply.
How does an association switch to ballot-only elections?
Under Section 18(b)(9)(B), proxies can be eliminated for board elections if the declaration or bylaws provide for it, or if the board adopts a rule at least 120 days before the election. Owners then vote only with an association-issued ballot, either in person or delivered by mail or another method the documents or rule specify.
The ballot process has fixed timing:
- Ballots go out not less than 10 and not more than 30 days before the election meeting.
- Owners receive at least 21 days' written notice of the deadline for getting a candidate's name on the ballot.
- That candidate deadline can be no more than 7 days before the ballots are distributed.
- Every ballot lists all candidates who gave timely written notice and allows write-in votes.
- Ballots received after voting closes are not counted.
- An owner who mailed a ballot may still vote in person at the meeting, which voids the earlier ballot.
Owners have a check on that rule. If owners holding at least 20% of the votes petition the board within 30 days after it adopts the ballot rule, the board must call an owners' meeting within 30 days of the petition. The rule stands unless a majority of the total votes is cast to reject it (Section 18(b)(9)(C)). Ballots count toward quorum (Section 18(b)(9)(D)). Section 18(b)(9)(B-5) sets a parallel process for voting by electronic or other acceptable technological means.
Can the election be a secret ballot?
Yes. Section 18(b)(10) allows the association, once the board adopts appropriate rules, to hold elections by secret ballot, where the ballot shows only the unit's percentage interest and the vote. The board must also adopt rules for verifying that the person issuing a proxy or casting a ballot is actually the owner. And any candidate, or the candidate's representative, has the right to be present when ballots are counted.
That last point matters more than it sounds. Most election complaints we see are not about the result but about who counted, where, and whether anyone could watch. Letting candidates observe is not optional, so plan the count for a room and a time that makes it practical.
Can the board send out candidate biographies?
Yes, with conditions. Under Section 18(a)(17), the board may circulate biographical and background information about candidates only if it makes reasonable efforts to identify all candidates, gives every candidate the opportunity to include information, and does not express a preference for any candidate. An incumbent board that sends owners a letter endorsing its own slate on association letterhead is outside that permission.
How long must ballots and proxies be kept?
Section 19(a)(8) requires the association to keep ballots and proxies for all matters voted on by owners during the immediately preceding 12 months, including board elections, as part of the records owners may request. Build that retention into your election checklist rather than leaving envelopes in the manager's office.
What is different for an HOA under CICAA?
CICAA's election section is shorter. Elections follow the community instruments, held at least every 24 months, with terms of up to four years (Section 1-25(a) and (d)). Members may vote by dated written proxy, valid for up to 11 months unless the instruments or proxy say otherwise, by association-issued ballot in person or by mail, or by electronic or acceptable technological means (Section 1-25(h-5)). If the board adopts rules for electronic elections, members may not vote by proxy in those board elections (Section 1-25(i)).
CICAA also gives members a remedy if the election does not happen. If no election is held within the time in the bylaws, or within a reasonable time not exceeding 90 days afterward, 20% of the members may sue to compel one, and may recover attorney's fees if the court finds bad faith by the board. That does not apply where proper notice was given and the election failed only for lack of quorum (Section 1-25(g)). Smaller CICAA communities may be exempt from parts of the Act under Section 1-75; counsel can confirm whether yours is.
A practical election checklist for Illinois boards
- Read your bylaws against Section 18 now, not in the month before the meeting. Provisions contrary to Section 18 are void, and missing ones are read in by law.
- Decide proxy or ballot early. A ballot-only rule must be adopted at least 120 days before the election, and owners have 30 days to petition against it.
- Set and publish the candidate deadline with at least 21 days' written notice, no more than 7 days before ballots go out.
- Check the proxy or ballot form: any person as proxy holder, all known candidates listed, a write-in line.
- Circulate candidate information evenhandedly or not at all.
- Send the meeting notice 10 to 30 days ahead with time, place and purpose.
- Plan the count so candidates or their representatives can attend, and verify owner status before counting.
- Retain ballots and proxies for at least 12 months.
Elections run smoothly when the process is boring: published deadlines, compliant forms, an observable count. Our board support team prepares election calendars, notices and ballot packages for Chicago and North Shore associations, and can coordinate with your counsel where the bylaws need updating. If an election is coming up and you want a second set of eyes, contact us.
This article is general information for Illinois association boards and is not legal advice. Your declaration and bylaws may add requirements, and statutes change. Confirm your election procedure with association counsel.