HOA Election related - URGENT

Hi, I have the following questions on an Illinois HOA.

1. If the a current board member is running for re-election, is it legal to add "Current board member" along with their name in the ballot. I believe that's like trying influence the voter. (can I invalidate that candidate?)

2. If the candidate owns multiple units and in the candidate introduction form shared with the homeowners, they revealed just one property address. If the candidate is in NOT in good standing on that property and good standing with the other properties, can they still run?

3. If the candidate is owning the property through a trust or corporation, do they need to have a POA for running for the board? Do they need a POA for each of the properties individually?

4. When we filed the homeowner petition, we have been told that signatures as "Bad signature". Therefore they use the same trick in the election too. so in a absentee ballot or a proxy, what signature is acceptable. Question is what is the signature against which the HOA compare the signature on the ballot?

5. Since I am running for the board, I requested the contact information of each of the unit owners. Is it true that they are liable to give it to me in three days. Can I challenge an unfavorable election in court on the ground of not proving the contact list?

6. One of the board member is also the property manager (she is also a candidate for relection) and she uses the club house to manage her business of managing HOA. She was been asking the homeowners to sign the proxy for her in the office. Is it legal for her to ask to vote for her while functioning as a proiperty manager for HOA in our office.

7. When the property manager and the candidate for re-election are the same person, what measures can I take to get a fair election. The attorney is in her side

Thanks you for looking at my question!!!
VP

I have seen national election ballots that identify incumbents.

As for it being legal or not, I honestly can not say as I have not reviewed your governing documents or your applicable state statutes. Typically, Statutes would not address something like this. If your documents are silent, then it is likely allowed.


Depends on what qualifiers your governing documents have, if any.
To be honest, most governing documents don't even require a candidate be a member of the Association.
Check your Bylaws to see if there are any qualifiers.

Here are links to likely applicable IL statutes you can also check.

If you are in a condominium, The IL Condominium Property Act would apply

If you are in single family homes, The IL Common Interest Community Association Act would apply.

If your Association (HOA or COA) is incorporated as a non-profit corporation (most are but check to be sure), The IL General Not For Profit Corporation Act of 1986 would also be applicable.


Don't know. You may need to ask an attorney that one.


The Association compares names against membership lists.
The actual signature itself typically isn't compared to anything.

Signatures may be rejected due to:

Signature not readable, membership status (renter, name on deed, etc.), no date, address on petition doesn't match owner of address (typos), etc.

Proxies are typically covered in Corporate law. Check those (if applicable)
Keep in mind a proxy dated tomorrow typically invalidates a proxy signed today.


That would depend on statute. Check the links provided earlier.

You can challenge an election for procedure errors or improper rejection of ballots.
I've never heard of challenging an election due to failure to provide a list of voters.

However, you could take the Association to court to force the list be provided (but likely won't occur prior to the election).

Instead, if you have proof (request sent by certified mail, for example), you can always use this failure to comply with statutes as a campaign issue.


Is it legal for an individual to ask another individual to vote for someone while on the job.
Probably (unless you work for the federal government).

Is it proper, perhaps not. However, what is considered improper or unethical is not always illegal.


Insist that they recuse themselves from handling the ballots or proxies.

If need be, consult an attorney and seek a legal injunction (if you have that kind of money) to force the individual to recuse themselves from handling or verifying ballots/proxies

Discovered that the link to the condo act was bad.

here is the correct link:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2200&ChapAct=765%26nbsp%3BILCS%26nbsp%3B605%2F&ChapterID=62&ChapterName=PROPERTY&ActName=Condominium+Property+Act.