Problems with HOA BOD in Illinois

Started by MikeW12 • 2 replies • 1450 views

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MikeW12 (Illinois)
Posts: 1

Posted:

Hi!

I have a few questions and need some help about how to deal with this. I live in Illinois and we have a Homeowners Association where the BOD are absolutely nuts. We have a very small budget...our dues are about 300 a year and there's a little less than 50 houses. I believe we have about 30k in reserves.

Well, we have a detention area (AKA, pond) that about 3 or 4 houses live on, and the rest don't. The BOD consists of only people on the pond, and the president of the association is nuts. The only thing she cares about is the pond and she wants to spend all this money on it every year to turn it into something that it was never designed to be. Her friend is my neighbor which hasn't paid dues in years and nothing has ever happened. The president parks her boat ("yacht") in her driveway all summer long, and her husband frequently parks his semi in front of the house on the street. BTW, according to the CCR's, you can't have boats OR semi's in the driveway. The landscapers we hire are personal friends of the president as well.

We have tried to vote her out and get new board members in, but the majority of people do not want to go against her. She has formed close friendships with many of the people in the community which deal with her. We've been on the board, and she ignores you and your comments, suggestions, and anything else, and just does everything herself. She also has served as the president for 3 or 4 years, which I believe the CCR's state you can't for more than 2.

So, bottom line, I'm about done with dealing with this. My blood is boiling just thinking about this lady and the antics that are going on. Is there anything I can possibly do to make the situation better? 765 ILCS 160/1-75 talks about exemptions for community interest groups, which I believe we meet since we are a small community. I know nothing about law, but does this mean we can apply to get out of the HOA? Can I sue the president for violating the CCR's?

Just looking at different options to make my HOA hell a little better.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MikeW12 on 06/12/2013 6:12 PM

So, bottom line, I'm about done with dealing with this.

Hi Mike.

It appears you have tried most of the suggestions I would have made. You tried to vote the individual off the board. You served on the Board and tried to make changes from the inside. I applaud your efforts on that.

From what you describe, it sounds like the Reserves are treated as extra cash rather than money set aside for specific items. My suggestion would be to make sure a reserve study is done and followed. A reserve study will identify how much money needs to be set aside each year to take care of expected maintenance, repair and replacement of your Associations capital components (sidewalks, retention pond, signs, streets, playgrounds, etc.).

Perhaps once the Board has a plan to go with and an understanding that if they take money set aside for x and spend it on y, then the maintenance, repairs or replacement of x will need to be deferred or assessments raised to cover the cost.

To learn more about reserve studies see this thread: Subject: Reserve Studies/Funds 101

Quote:

Posted By MikeW12 on 06/12/2013 6:12 PM

765 ILCS 160/1-75 talks about exemptions for community interest groups, which I believe we meet since we are a small community. I know nothing about law, but does this mean we can apply to get out of the HOA?

765 ILCS 160/1-75 discusses what Associations will need to comply with the act. It doesn't allow you, as an individual, to apply to have your deed restrictions removed (which is what will be needed to get out of a mandatory Association).

Quote:

Posted By MikeW12 on 06/12/2013 6:12 PM

Can I sue the president for violating the CCR's?

If the violation was done on behalf of the Board, you would need to bring legal action against the entire Association. From what you posted, it sounds like the majority of the Board supports her actions. Therefore, the issue is actually with the entire Board and not just this one individual.

If the violation is a covenant or restriction (i.e. house is painted the wrong color, etc.), members typically are authorized to bring the legal action to force an individual into compliance. You will need to check your governing documents about enforcement to be sure.

This action will cost you time, energy and money. Depending on how well you react to stress, that action may also impact members of your family. Since the individual is a member of the Board, she may make a claim that the legal action is against the Association and not her individually. If the Board supports that claim and has the Association pay her legal costs, you will also have to pay your fair share of the Associations legal expenses for defending her.

May I ask, what (if anything) is not being properly maintained so the retention pond area can be improved?

MatthewW4 (Arizona)
Posts: 500

Posted:

Quote:

Posted By MikeW12 on 06/12/2013 6:12 PM

Can I sue the president for violating the CCR's?

It will depend on whether your CC&R's permit individual owners to enforce the property restrictions. Most do.

From what you have written, it does not sound like you will make any new friends by filing a lawsuit against the president.

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