Intimidation by fellow board members

[Ronaldinho]

What is the name of your state? Illinois
I am on the board of my condo association. I am being intimidated by fellow board members. We recently had 2 board members resign in the middle of a term. The other members on the board wanted to rubber stamp two new members without opening up a general campaign/vote. I suggested that we ask the entire community for volunteers to run for the vacant positions. I did this by emailing the entire community. Then at the board meeting where we held the elections I was confronted and told I would be barred from emailing the community again. Can the board prevent me from emailing community members? Is this legal or constitutional?

[tranquility]

I guess it depends on how you got ahold of the mailing list. Even then, are they claiming it is a business secret and that you stole it? I mean really, board members must have some way of communicating with the residents. If the list is for everyone or if an e-mail has been sent to everyone by the board (So that all e-mail addresses are public.), go for it. There is nothing they can do. If not, I still wouldn't worry about their threats; it's just that I could make an argument in their favor.

[Alexunk]

I'm not an attorney, but Section 18.13 of the Illinois Condominium Property Act seems clear, stating that the bylaws must contain ..."the method of filling vacancies on the board which shall include authority for the remaining members of the board to fill the vacancy by two- thirds vote until the next annual meeting of unit owners or for a period terminating no later than 30 days following the filing of a petition signed by unit owners holding 20% of the votes of the association requesting a meeting of the unit owners to fill the vacancy for the balance of the term...."

From your post, it sounds as though "the other members on the board" held a majority consensus on filling the vacancies, yet you sent an unauthorized email that effectively usurped/negated that consensus and authority -- and you're surprised by their reaction?

Rather than worrying about "free speech," your interests (and those of your association) might be better served by becoming familiar with the Condo Act, your bylaws -- and the concept of "majority rule."

[tranquility]

How does communication with residents violate the section you quote? Is it a breach of fiduciary duty to disagree with the board's ruling? Is it a breach to express that disagreement with the residents?

No matter the by-laws or state rules and regulations, in theory the board of a condo association represents the owners of the individual residences. The board cannot prevent a member from expressing dissatisfaction with a decision to its members. Even if they vote on it then spit on their hands and shake on it.

That does not mean there cannot be retaliation for that speech. Things will be harder for the OP. There is often a big difference between being treated correctly and being treated fairly.

[Ronaldinho]

Thanks for responses - I got hold of the list as the board had authorized me and another board member to put together a community directory. Everyone has access to the email list. As for the Illinois statutes, those didn't even come up as our dec and bylaws say something completely different and board didn't challenge my emails based on statutes. I suppose I'll continue to communicate with the community and prepare for the retaliation of the rest of the board who avoids communication at all costs.

[Avalon]

The Board needs to follow the condo docs in filling the vacancies. It sounds like they may have had the right to fill the vacancies themselves, but that you disagreed and sent the group e-mail out without the Board's agreement or approval. If that is the case, you were wrong to do that. The majority rules on the Board. As long as the condo docs were being followed, you as a Board member had no right to take your own action because you disagreed with the majority. If the Board does not communicate to the ownership as much as you would like, why don't you volunteer to send out periodic e-mail updates? However, your communications would have to be reviewed/approved by the Board, as you are speaking on their behalf. You definitely should not be sending out group e-mails on your own. If you disagree with the way the Board/Association is being run, get some like-minded owners to run at the next election.