StephanieA3 (Illinois)
Posts: 1
Posts: 1
Posted:
Okay, so the IL Condo Act reads:
ILLINOIS CONDO ACT
Sec. 18. Contents of bylaws. The bylaws shall provide for at least the following:
(13) the method of filling vacancies on the board which shall include authority for the remaining members of the board to fill the vacancy by two-thirds vote until the next annual meeting of unit owners or for a period terminating no later than 30 days following the filing of a petition signed by unit owners holding 20% of the votes of the association requesting a meeting of the unit owners to fill the vacancy for the balance of the term, and that a meeting of the unit owners shall be called for purposes of filling a vacancy on the board no later than 30 days following the filing of a petition signed by unit owners holding 20% of the votes of the association requesting such a meeting, and the method of filling vacancies among the officers that shall include the authority for the members of the board to fill the vacancy for the unexpired portion of the term;
...and...
Illinois General Not For Profit Corporation Act
(805 ILCS 105/108.30) Sec. 108.30. Vacancies. Any vacancy occurring in the board of directors and any directorship to be filled by reason of an increase in the number of directors may be filled by the board of directors unless the articles of incorporation or the bylaws provide that a vacancy or directorship so created shall be filled in some other manner, in which case such provision shall control. A director elected or appointed, as the case may be, to fill a vacancy shall be elected or appointed for the unexpired term of his or her predecessor in office. (Source: P.A. 84 1423.)
...so here's my problem...
I can understand that if a Board fills a vacancy, that should only last until the next Annual Meeting, even though the Not For Profit Act says "unexpired term", which bring me to my question about two-year terms.
If an Association has not had quorum for an Annual Meeting in five years, then when it does achieve a quorum, every Board seat is up for election?
My problem with that is the threat of massive turnover. Or, is it that at any Annual Meeting where ther is no quorum, certain Board seats still begin a new 2-year term? That doesn't sound quite right either because no one was "elected" to a 2-year term. But I thought the idea of staggering terms was that so you couldn't lose your entire Board in any one election.
At our last election, for which we had the first quorum in five years, a guy said, "Why are only two (of the five) seats up for election?" We said that it was because we still staggered the terms throughout the years when there were no elections. He said that wasn't correct because all five seats were up for election because we couldn't point to anyone on the Board who was "elected" to a 2-year term.
Help me. Thanks!!!
ILLINOIS CONDO ACT
Sec. 18. Contents of bylaws. The bylaws shall provide for at least the following:
(13) the method of filling vacancies on the board which shall include authority for the remaining members of the board to fill the vacancy by two-thirds vote until the next annual meeting of unit owners or for a period terminating no later than 30 days following the filing of a petition signed by unit owners holding 20% of the votes of the association requesting a meeting of the unit owners to fill the vacancy for the balance of the term, and that a meeting of the unit owners shall be called for purposes of filling a vacancy on the board no later than 30 days following the filing of a petition signed by unit owners holding 20% of the votes of the association requesting such a meeting, and the method of filling vacancies among the officers that shall include the authority for the members of the board to fill the vacancy for the unexpired portion of the term;
...and...
Illinois General Not For Profit Corporation Act
(805 ILCS 105/108.30) Sec. 108.30. Vacancies. Any vacancy occurring in the board of directors and any directorship to be filled by reason of an increase in the number of directors may be filled by the board of directors unless the articles of incorporation or the bylaws provide that a vacancy or directorship so created shall be filled in some other manner, in which case such provision shall control. A director elected or appointed, as the case may be, to fill a vacancy shall be elected or appointed for the unexpired term of his or her predecessor in office. (Source: P.A. 84 1423.)
...so here's my problem...
I can understand that if a Board fills a vacancy, that should only last until the next Annual Meeting, even though the Not For Profit Act says "unexpired term", which bring me to my question about two-year terms.
If an Association has not had quorum for an Annual Meeting in five years, then when it does achieve a quorum, every Board seat is up for election?
My problem with that is the threat of massive turnover. Or, is it that at any Annual Meeting where ther is no quorum, certain Board seats still begin a new 2-year term? That doesn't sound quite right either because no one was "elected" to a 2-year term. But I thought the idea of staggering terms was that so you couldn't lose your entire Board in any one election.
At our last election, for which we had the first quorum in five years, a guy said, "Why are only two (of the five) seats up for election?" We said that it was because we still staggered the terms throughout the years when there were no elections. He said that wasn't correct because all five seats were up for election because we couldn't point to anyone on the Board who was "elected" to a 2-year term.
Help me. Thanks!!!