Association Governance After P.A. 99-0567: What Every Attorney Should Know About Palm II.

Speakers:  James P. Arrigo and Scott E. PointnerRathje Woodward LLC

Topic Summary: In 2014, the First District Illinois Appellate Court sent a seismic wave through the community of condominium/HOA attorneys, managers, and boards in Palm v. 2800 Lake Shore Drive Condominium Association (“Palm II”).  In it, the Court all but outlawed informal communications among board members on association matters and blocked many board efforts to delegate authority to property managers. The presenters will explain the issues the court faced, detail how it interpreted portions of the Illinois Condominium Property Act to address them, and outline how association attorneys, managers, and board members have been forced to adapt. They will also discuss how legislation has begun to change state law to counter some of the most drastic effects of the ruling, and provide best practices for navigating them. Finally, they will identify issues still looming, and potential legal and practical responses.

Learning Objectives:

  1. That legislative history on statutory language regarding condominium boards’ action may not be in agreement with the court’s interpretation as stated in the Palm II opinion.
  2. Procedural requirements for association boards’ action at meetings.
  3. Limitations on closed-session meetings and some best practices for conducting and keeping records of same.

Time: 11:45am to 1:00pm

Location: DuPage County Bar Association Attorney Resource Center-Third Floor, 505 N. County Farm Road Wheaton, IL 60187

Credits: 1 MCLE