Can an Illinois Condo Board Remove a Board Member Who Refuses to Cooperate?

 Posted on October 27, 2026 in Business Law & Litigation

A condo board in Illinois generally cannot remove one of its own members. Unit owners normally have removal authority. However, the board can take other steps to keep association business moving in 2026. Repeated absences do not automatically end a director's term. Serious misconduct can also justify court action under specific conditions. Our Arlington Heights, IL condominium law lawyers can explain which option fits your situation.

Who Can Remove an Illinois Condominium Board Member?

Under 765 ILCS 605/18, association bylaws have to describe how directors are removed. For incorporated associations, the General Not-for-Profit Corporation Act also governs removal. It permits unit owners to remove an elected director with two-thirds of the votes cast at a properly called meeting. That does not mean two-thirds of every owner in the building. The association's governing documents should be reviewed for applicable voting requirements.

A special meeting can be called by certain people. These include the president, board, or owners representing 20 percent of the unit owners. The meeting requires 10 to 30 days' notice. The written meeting notice must state that owners will vote on removal and name the director involved. Check how many owners must participate and how votes must be counted before collecting signatures or scheduling a vote.

Can an Illinois Condo Board Remove a Director for Missing Meetings?

Missing meetings doesn’t automatically create a board vacancy. Illinois law does not give the remaining directors authority to remove an elected colleague for poor attendance. Some condominium declarations or bylaws contain provisions addressing repeated absences. The rule must follow Illinois law to be valid. A board cannot automatically treat three missed meetings as a resignation.

Documentation is what makes this work. Record absences in accurate meeting minutes and confirm that meeting notices were properly delivered. Remote participation also counts as attendance under Illinois law. If the director holds an officer position, removal from that role presents a separate option.

How Can an Illinois Condo Board Handle an Uncooperative Director?

Short of removal, boards have practical tools for working around an uncooperative director. Quorum and voting rules are the starting point. A single dissenting member cannot block action that receives the required votes at a properly conducted meeting. Likewise, refusing to sign a document does not necessarily prevent the board from acting.

Officer positions are different from board seats. A board can generally remove someone from an officer position, such as president or treasurer, if it elected that person. However, the person remains a board member. If a treasurer refuses to sign checks, the board can review its bank authorization and adopt an appropriate resolution.

The board should continue providing the director with information needed for board duties. Excluding a difficult colleague from meetings or association records can create additional legal problems. Clear minutes, consistent procedures, and professional communication protect everyone involved.

Can an Illinois Court Remove a Condo Board Member for Misconduct?

Illinois law provides a court removal process for incorporated nonprofit associations. The association itself, or members holding at least 10 percent of the relevant outstanding votes, can bring the action.

The court needs to find evidence of fraud, dishonesty, or serious abuse of power. The misconduct also has to harm the association. It also has to determine that removal serves the corporation's best interests. Ordinary arguments, difficult personalities, and occasional missed meetings do not satisfy that standard by themselves.

Misuse of funds, serious conflicts of interest, or dishonest conduct deserve prompt legal review. Depending on the facts, an association can also ask the court for compensation or an order stopping harmful conduct. Review the association's directors and officers policy before litigation, since coverage and reporting requirements vary.

What Should an Illinois Condo Board Do Before Seeking Removal?

Several steps protect the association regardless of how the situation resolves:

• Read the declaration, bylaws, and articles of incorporation.

• Document specific conduct and attendance in accurate meeting minutes.

• Address concerns directly with the member before escalating.

• Confirm whether the problem involves a board seat or an officer position.

• Check meeting notices, quorum rules, and the required vote.

• Consult counsel before organizing an owner removal meeting.

• Keep owner communications factual and avoid personal accusations.

Statements about a director shared with owners can lead to a defamation claim. Discussing board disputes in newsletters can also make conflicts worse rather than resolve them. Focus communications on documented conduct and lawful procedures.

Contact Our Cook County, IL Condominium Law Attorneys Today

Our firm brings over 150 years of combined legal experience to community association matters. Board conflicts are uncomfortable and expensive. The practical answer is often to use the board’s existing powers to keep business moving. A removal campaign can deepen divisions within the community.

Contact Dickler, Kahn, Slowikowski & Zavell, Ltd. at 847-593-5595 to talk to our Arlington Heights, IL condominium law lawyers today.