The composition of each association’s board of managers needs to be detailed in the association’s governing documents. While Illinois state law requires there to be a minimum of three unit owners serving on a condo board, it’s up to each condo association to specify in their bylaws what the composition and residency requirements are for their association.
Often unit owners ask if board members must live on-site if they want to serve on their association’s board. In recent years, updated language in the Illinois Condominium Property Act (ICPA) has been amended to address this question of residency.
Must All Board Members Occupy Their Units as a Primary Residence?
The short answer is no. Association bylaws may not require that ALL board members occupy their condo units as their primary residence. The specific language in Section 18(a)(1) of the ICPA states that association bylaws “may not require that more than a majority of the board be composed of unit owners who occupy their unit as their principal residence.”
Said another way, an association may stipulate in their bylaws that 3 members out of a 5-member board must live onsite, but they cannot require more than a majority to do so.
However, an association may require less than a majority of its members to occupy their units on a primary basis. In the same 5-board member example, an association could require that just 2 members of the 5-member board live onsite.
Essential to note: with any change to an association’s board composition, the rule must be amended to the association’s declaration/bylaws. If the bylaws are not amended, the provision cannot be enforced.