B.E. from Chicago writes:
Dear Mister Condo,
Hello! I am a Condo President in Chicago and our Treasurer sold and left recently. The wife of a unit owner wants to be Treasurer; however, she is not a unit owner as she is not on the title and refuses to be added to it. I am not comfortable with this, and the IL Condo Property Act agrees that only unit owners can be elected. What do you think? Need an answer soon!
Mister Condo replies:
B.E., I don’t blame you for being skeptical of a non-unit owner wishing to serve as Treasurer of your association and, unless the association’s own by-laws indicate that a non-owner can serve as a director of the association, your hands are tied. Even if your by-laws do allow for a non-unit owner to serve, the Illinois law supersedes your by-laws and should be taken into full consideration when applying the decision-making process for your association. I would say that unless this volunteer has her name placed on the deed to the unit, she is ineligible to serve. You can check with your association attorney for a legal interpretation that I cannot offer as I am not an attorney but I would think you and your association would be better served by finding an eligible unit owner to serve on the Board and as Treasurer. Good luck!