nobody but one but myselffor board

My dear Michael, this is becoming too confusing for those who do not follow your tread(s).. You have actually started three threads on the same issue. I am not fussing, but it is just difficult to follow you. You still did not say how many board of directors you have to vote for. That was the question everyone asked. As we said ‘you MUST have the Board.‘
Please tell what is really going on:-))

Michael,

Typically, when there are vacant seats on the board, the remaining board members may appoint qualified (if there are any qualifications within the documents or State law) individuals to fill those seats. Those appointed will serve the until the next election is scheduled for that seat.

Expecting that this authority to appoint individuals to vacant seats applies to your Association, if you are the only one elected - you may appoint individuals to fill those vacant seats.

Please verify that this is the method for filling vacancies by looking at your governing documents, State hoa law and State corporate law (if your association is incorporated).

Tim

Petunka,

I disagree.

Based on the governing documents and State laws I've seen, I do believe that it is typical that a board of directors may appoint individuals to fill vacancies on the Board.

However, depending on IL State laws and the language within the governing documents, this may or may not be the case for Michaels Association. Since I did not review IL laws or his Associations governing documents. Therefore, I advised him that the Associations governing documents and State law be reviewed to verify that this is in fact the case.

Members of this forum can only offer advise based on the information contained within the posting, their own experiences, their knowledge of things related to the question asked and their interpretation of any Research they might have done.

I know you have good intentions but if someone is giving improper advice, there are certainly better ways to express it then disagreeing without explanation. By providing an explanation others may learn and, hopefully, not repeat the mistake.

If you have more information or took more time to research the issue then I did to prepare my advice to Michael, please share why this would not be the case in this situation.

Tim, I am just saying that this is not the case. It is about turnover.. not vacancies. Not your fault you did not realize that, I suppose.

P -

Looks like we are posting at the same time.

The issue might be concerning a turnover but the question was specific about elections. I was answering the question.

This actually helps to demonstrate why some issues need to be kept in the same thread (as you previously posted).

If the Association is already incorporated (and the membership is just assuming control of the corporation vs. starting a new one and transferring control from one corp (the developer) to another (the HOA), then per 805 ILCS 105/108.05, IL General Not For Profit Corporation Act of 1986 [emphasis added]:

"(d) Despite the expiration of a director's term, he or she continues to serve until the next meeting of members or directors entitled to vote on directors at which directors are elected. An amendment to the bylaws decreasing the number of directors or eliminating the position of a director elected or appointed by persons or entities other than the members may shorten the terms of incumbent directors; provided, however, such amendment has been approved by the party with the authority to elect or appoint such directors."

Therefore, if only one member is elected to the Board, some of the current members of the existing Board might technically still be a Director until they resign.

Michael-
What is the size of your HOA?

Why is it so difficult to find 3 people interested in their own property values?

PS - I know we are going around and around on this, but the 3 you have listed are officers - AND they are also the directors. Three seems like a very low number for an entire board. Sometimes there are 5 directors and 3 of them are eleted within as the officers.

Michael-
What is the size of your HOA?

Why is it so difficult to find 3 people interested in their own property values?

PS - I know we are going around and around on this, but the 3 you have listed are officers - AND they are also the directors. Three seems like a very low number for an entire board. Sometimes there are 5 directors and 3 of them are eleted within as the officers.

If board members DON'T have to be Members (homeowners) then an outside person could be elected or appointed (like someone with a business, construction or financial background, maybe even the lawyer himself)

If you have that that much apathy with this 14, perhaps hiring a manager to handle the day to day affairs of the HOA, with the board meeting quarterly, would do.

UNTIL the date of the first annual meeting of the members as hereinabove provided, the number of directors shall be three, who shall be the directors named in the Articles of Incorporation. ..

Section 1. Officers, The officers of the Association shall be a President. one or more Vice Presidents (the number thereof to bedetermined by the Board), a Treasurer, and a Secretary. ..[By-laws]

Question is If the board elects the president and the secretary,(they are married.) can this be a problem down the road? ..At the moment, 4 quades, 1 duplex. That is 18 units, 15 is sold, 3 belongs to developer. [Michael]

Michael,

Your By-laws state you have to have four officers elected annually by the BOD elected from among the members of the BOD. These are: President, VP, Treasurer, Secretary. You can have more than one VP, must you must have at least one VP. At the first meeting, one director is elected for one year and two directors for a period of two years.
How many directors do you vote for? Your attorney says three directors. That was certainly true UNTIL the first the annual meeting. But is it true now? I think it should be in the Articles. Does your Board look like this?

Michael- President/Treasurer
Someone’s wife-Secretary (?)
Developer - ?

Does the association attorney also represent the Developer? If true, that may not be a good idea.

PS: As a side note. There are 15 units sold plus 3 owned by the developer. The developer has three votes and must pay assessments for three units. All owners must have a set of Articles, By-laws and Declaration of covenants and Rules, if any. And, all deeds must be subject to those restrictions.

1) You cannot have a manager without a board, so that "easy out" won't work. Your owners need to understand that.
2) If you don't get a board, then nothing gets done. Dues are not collected, property is not maintained, insurance is not bought, common areas are not available.

without a board, at some point, one or more of the following will happen:

some bill won't be paid (electricity, etc.) and it will be either shut off, or a lien placed on some property the HOA owns (or worse). A mechanic's lien may be placed. A judgement may be granted, and the HOA forced to pay that, court costs, etc. If there is no HOA 'fund', then the judgement will be assessed equally among all homeowners within the HOA.

some essential item will break, and nothing will be done about it. A flood will occur, a wall will crack, a roof will leak, a gas line will hiss, etc. No HOA, no monies for repair, so...

An accident will happen in a common area. With no insurance, the victim will simply sue every member of the HOA for damages. Without insurance, those costs will come out of personal checking accounts. People may lose their homes to the courts, if the injury is serious enough, and the judge/jury ruled that the behavior of the owners was beyond negligent, and instead, willful. Which it sounds like wouldn't be a hard stretch.

It won't happen tomorrow, or next month, but at some point, if you don't have an HOA board, everyone will be placing their homes and savings on the line for someone with a lawsuit to get. Luckily for everyone in the HOA, America is not a very litigious society, and there are not lawyers lined up looking for people to sue, and Americans in general are not typically the type who trip and fall and then look to blame someone else with deep pockets for their injuries.