Page 5 - The Chicagoland Cooperator Summer 2020

CHICAGOCOOPERATOR.COM
THE CHICAGOLAND COOPERATOR —
SUMMER 2020
5
QUESTIONS & ANSWERS
Legal
Q
A&
No Election
Q
My HOA board has not had an
election in 10 years! Th ey keep
reappointing themselves and ap-
pointing their friends to the board when
there is a vacancy. Is this legal? How can this
abuse of power by my HOA be stopped?
—Exasperated Stakeholder
A
“Because the question refers
to an ‘HOA,’ the fi rst portion
of this response presumes that
the property is not a condominium,” says at-
torney Charles T. VanderVennet of the Law
Offi ce of Charles T. VanderVennet, P.C. “Th e
condominium perspective will follow.
“For the most part, election requirements
and procedures for non-condominium as-
sociations are controlled by the governing
documents. Th ere is little statutory guidance
on those topics. However, Section 1-25 of the
Illinois Common Interest Community Asso-
ciation Act (CICA) provides some framing for
board elections and vacancy appointments:
an election must be held no less frequently
than once every 24 months
[Section 1-25(a)];
board member terms must be limited to no HOA or a condominium to go so long with-
more than four years though board members out an election. Membership apathy may have process and results.
may succeed themselves
[Section 1-25(d)]
; a caused the failure to meet quorum for the pur-
defi ned procedure for fi lling vacancies is pro-
vided including a method for the owners to convened membership meeting. Even so, en-
act
[Section 1-25(e)]
; and a procedure for the ergetic eff orts to overcome a lack of quorum board members to succeed themselves. Th at
owners to bring to court the failure to hold should be pursued. Options to jump-start suf-
an election within the time period specifi ed fi cient interest among the membership to be to time as their term of offi ce expires.
in the bylaws (except if the failure was due to able to convene a membership meeting and
lack of quorum aft er proper notice was given)
[Section 1-25(g)].
“Section 18 of the Illinois Condominium of a proper ‘mail-in’ form of balloting proce-
Property Act (CPA) sets forth requirements dure. Both CICA and CPA address those as-
for what must be contained in a condomin-
ium association’s bylaws. Provisions appli-
cable to board elections and vacancy appoint-
ments include: there must be an election from members planned or intended to happen membership activity are addressed in CICA
among the unit owners of a board of manag-
ers elected at large with the terms of at least membership. It may be that the sitting board
one-third of the board members expiring an-
nually
[Section 18(a)(1)]
; a defi ned procedure hold an election and simply gave up doing so.
for fi lling vacancies including a method for Interested members could off er to work with
the unit owners to act
[Section 18(a)(13)]
; and the board to help generate interest for the elec-
there must be an annual membership meet-
ing, one of the purposes being to elect board upon themselves to call the meeting and con-
members
[Section 18(b)(3)].
“It is unreasonable and improper for an a court order mandating that the election be
pose of conducting the election at a properly ing board members to reappoint themselves
conduct the election include aggressive solici-
tation of proxies or the establishment and use fi ll a vacancy by a two-thirds vote with the ap-
pects of election procedures.
“It may be that the failure to convene an meeting for the purpose of exercising its right
election meeting was something the board to fi ll the vacancy. Th e procedures for that
rather than due to a lack of interest among the and CPA, respectively.”
members simply became tired of trying to
tion. Alternatively, the members could take it tion of management and nothing has been
duct the election or to fi le a lawsuit seeking
conducted with court oversight of the election
“I am unfamiliar with any authority allow-
from year to year. Both CICA and CPA allow
means that they can be re-elected from time
“For both HOAs and condominium asso-
ciations, the remaining board members can
pointee serving until the next annual meeting
or for the remainder of the term if 20% of the
membership fi les a petition for a membership
Neighbor’s Secondhand Smoke
Q
I live in a condo and my neighbor
downstairs from me is constantly
smoking. I brought it to the atten-
Subject to credit approval.
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continued on page 10