HOA Voting Rules in Illinois

Yes. Under 765 ILCS 160/1-25(i), an association may, upon adoption of the appropriate rules by the board, conduct elections by electronic or acceptable technological means, and §1-25(h-5) makes those votes valid for establishing a quorum. Instructions on using the electronic method must go to all members not less than 10 and not more than 30 days before the election meeting. Note what comes with it: once the board adopts those rules, members may not vote by proxy in board elections, so electronic balloting replaces proxies in board races rather than supplementing them. vote.direct supports these requirements with identity-verified voting and a cryptographic audit trail.

Under CICAA, 765 ILCS 160/1-40(b)(1), twenty percent of the membership is a quorum unless the community instruments indicate a LESSER amount — the instruments can lower it, not raise it. Condominiums start at the same 20% under 765 ILCS 605/18(b)(1), and for condominiums of 20 or more units it stays at 20% unless owners holding a majority of the percentage interest provide for a higher one. Mailed ballots and votes cast by electronic or acceptable technological means count toward quorum in both regimes, so online balloting is a quorum tool as well as a convenience.

Illinois HOA election disputes are typically resolved through civil litigation in circuit court. The CICAA provides specific remedies for violations of association governance rules. Having a complete digital audit trail, including voter verification, timestamped ballots, and tamper-evident results, provides strong evidence in dispute resolution.

Yes. The Illinois Condominium Property Act (765 ILCS 605/1 et seq.) has specific provisions for condominium governance that differ from the CICAA: §18(b)(1) for quorum, §18(b)(6) for the 10-to-30-day meeting notice, and §18(b)(9) for proxies and balloting, including the (B) and (B-5) bar on proxies in board elections once the association adopts balloting rules. Condominium associations should review both the Condominium Property Act and their declaration/bylaws for applicable election rules.

Quorum in Illinois: For common interest communities, 765 ILCS 160/1-40(b)(1) provides that "twenty percent of the membership shall constitute a quorum, unless the community instruments indicate a lesser amount" — the instruments can lower the threshold, not raise it. For condominiums, 765 ILCS 605/18(b)(1) also starts at 20%, and for condominiums with 20 or more units the quorum stays at 20% unless unit owners holding a majority of the percentage interest in the association provide for a higher percentage; a unit owner 60 days or more in arrears on regular or separate assessments is not counted toward quorum when voting on bylaw amendments but keeps the right to vote on them. Votes cast by mailed ballot and by electronic or acceptable technological means count toward quorum in both regimes (765 ILCS 605/18(b)(9)(D); 765 ILCS 160/1-25(h-5)), which is what makes remote balloting a quorum tool and not just a convenience. If a vote falls short, most bylaws allow the meeting to be adjourned and reconvened, often at a reduced threshold on the second attempt. Check your declaration for the exact procedure, because the fallback rule is usually in your governing documents rather than in statute. Online voting is the most direct fix: members vote from a phone or laptop instead of attending in person, and Vote.Direct tracks quorum progress live and reminds the members who haven't voted yet.

Under the Illinois Condominium Property Act, 765 ILCS 605/18(b)(6), written notice of any membership meeting must be mailed or delivered giving members no less than 10 and no more than 30 days notice of the time, place and purpose of the meeting; notice may be sent by electronic transmission only to the extent the condominium instruments or rules adopted under them expressly so provide, only where the unit owner has consented, and only if the director or officer or their agent certifies the electronic delivery in writing. Common interest community associations have the same window by statute, not by their governing documents: 765 ILCS 160/1-40(a) requires notice of any membership meeting "no less than 10 and no more than 30 days prior to the meeting through a prescribed delivery method," which 765 ILCS 160/1-5 defines as mailing, delivering, posting in an association publication routinely mailed to all members, electronic transmission, or any other delivery method approved in writing by the member and authorized by the community instruments. CICAA board meetings need 48 hours' notice, and 10 to 60 days' notice for a board meeting adopting the proposed annual budget, regular assessments, or a separate or special assessment (765 ILCS 160/1-40(b)(4)). Your governing documents can require more notice than the statutory floor, never less. Count the notice window backwards from your meeting date before you open voting, and keep a copy of the notice and its delivery date with the election record.

Illinois permits proxy voting generally but bars it in board elections once the association adopts balloting rules. Under the Condominium Property Act, 765 ILCS 605/18(b)(9)(A), a unit owner may vote by proxy executed in writing by the owner or a duly authorized attorney in fact; the proxy must bear its date of execution and, unless the condominium instruments or the proxy itself provide otherwise, is invalid after 11 months. But under 605/18(b)(9)(B) and (B-5), if a rule adopted at least 120 days before a board election — or the declaration or bylaws — provides for balloting, "unit owners may not vote by proxy in board elections" and may vote only by association-issued ballot in person, by mail or other delivery specified in the instruments, or by any acceptable technological means. The common interest community rule is stricter: 765 ILCS 160/1-25(h-5)(1) carries the same 11-month proxy limit, and §1-25(i) provides that where the board adopts rules to conduct elections by electronic or acceptable technological means, "members may not vote by proxy in board elections." Ballots and electronic votes count toward quorum under both statutes (605/18(b)(9)(D); 160/1-25(h-5)). The Not For Profit Corporation Act is a fallback for matters these two acts do not reach, not the operative source for condominium or CIC proxies. Proxies exist mainly to solve an attendance problem. When members can cast a verified ballot online during a multi-day voting window, most communities find proxy use drops sharply, along with the disputes about whether a given proxy was valid.