Difference between BOD and associaition

http://www.dicklerlaw.com/Newsletters/dicklerCommon-Int-CommunityAct2811.pdf

They seem to have a good overview along with definitions of terms early on.

Hope this helps

Hi Marie:

Here is the definitions per your state HOA statute which also may help you:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=076501600HArt%2E+1&ActID=3273&ChapterID=62&SeqStart=100000&SeqEnd=1850000

(765 ILCS 160/1-5)
Sec. 1-5. Definitions. As used in this Act, unless the context otherwise requires:

"Association" or "common interest community association" means the association of all the unit owners of a common interest community, acting pursuant to bylaws through its duly elected board of managers or board of directors.

"Board" means a common interest community association's board of managers or board of directors, whichever is applicable.

"Board member" or "member of the board" means a member of the board of managers or the board of directors, whichever is applicable.

"Board of directors" means, for a common interest community that has been incorporated as an Illinois not-for-profit corporation, the group of people elected by the unit owners of a common interest community as the governing body to exercise for the unit owners of the common interest community association all powers, duties, and authority vested in the board of directors under this Act and the common interest community association's declaration and bylaws.

"Board of managers" means, for a common interest community that is an unincorporated association, the group of people elected by the unit owners of a common interest community as the governing body to exercise for the unit owners of the common interest community association all powers, duties, and authority vested in the board of managers under this Act and the common interest community association's declaration and bylaws.

"Member" means the person or entity designated as an owner and entitled to one vote as defined by the community instruments.

"Membership" means the collective group of members entitled to vote as defined by the community instruments.

That would depend on the language used in your governing document and which document had the language.

If the assignment was made and described within your CC&Rs, then changes can't occur until the CC&Rs are amended by the membership.

If the authority to assign parking spaces was within the CC&Rs but the assignment was made and is written in the Bylaws, then only the bylaws need to be amended.

If the authority to assign parking spaces was within the CC&Rs but the assignment was made and is written as a resolution, then the Board may make the changes providing they comply with the procedures to adopt/amend resolutions.

If the authority to assign parking spaces was within the CC&Rs but the assignment was written as part of your deed, you may need to consult an attorney to see if the Association has the authority to change your deed.

Tim

This is probably more for Johnc46.

The "association" that permanently assigned all theparking spaces in question, was the one in 1969 when the association was first formed.It does concern my parking space, which is legally deeded to my propery but this is seriously misunderstood and a thorn in the side of the maintainence chair who purchased his unit in 1991 and knows he cannot do a thing about this. But every year at the annual meeting he addresses a bogus reassignment of parking spaces that took place a few months before he bought his unit.No one pays any attention to him,but itis staring to annoy me. I wanted a response I could forward to him so he would stop his silly nonsense and self imposed authority..

Marie,

You should handle this as any other complaint. Check the Association files and see if there were any reassignments. If there is no documentation in the Association files, simply state that the Association does not have any documentation of parking place assignments after the initial assignment made in 19xx. Then politely say that if he has documentation that the Association does not have to please provide a copy and the Association will take a look at it. Invite him to look at the Association files (as is his right to do so).

Lets look at it from a different perspective. It's possible that some arrangement was made between owners without the Associations knowledge, perhaps without proper authority. Therefore, the Association should be willing to look at any information made available. If parking spaces were traded and the authority of Assigning spaces rests with the Association, it's possible that the trade was not legally allowed and the Association should be aware of it. However, the issue would be between the two individuals and not between one individual and the Association.