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VelappanP (Illinois)
Posts: 27
Posted:

I am an investor in a very large condo community in Chicago. We are in a unique situation where the board of director is also the property manager. They are extremely unruly people and do whatever to get-ahead of you or anyone who stand on their way.

Two current board members (the board member who is the property manager and her cousin who is an attorney herself)) were up for reelection and we opposed the reelection.

When they were pretty sure of loosing the election, they rigged the election by introducing bogus ballots towards the end of tallying the ballots. I was represented by an attorney and all of my attorney's objections where overruled by the association's attorney. Finally they won through we had the support of over 100 homeowners and they had the support of 75 home owners. Many of our ballots didn't show-up in the courting table and they introduced additional bogus ballots to win the election. I believe the associations attorney was helping them in orchestrating this victory.

During the campaign, we sent homeowners letters with details about the corruption at the HOA. They retaliated by circulating wrong information. There was wide spread irregularities in the election process. The election notice was only send to those who had an email in file. Many homeowners never got any communications regarding the election from HOA. The HOA even used the email addresses in file to spread lies about us. (Basically they used the HOA machinery to campaign against us. Since they are also the property managers, they even brought details of a purchase contract I (an investor) have with a seller and accused me for requesting the association for relieving the seller from association dues and village's lien on the property. I have no ideas about these and these thing are just the imaginations of the board members and where included in the HOA communication to defame me.

There was three open positions in the board this year. Myself, and the two current board members won the election. But I cannot do any business with them because of their ethical standards and selfish interests. So, I wish to get this election cancelled and start all over again. I am willing to campaign to any level.

What is the best way to challenge the election.

Thanks
vp

VelappanP (Illinois)
Posts: 27
Posted:
confidential replies to [email protected] is highly appreciated.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Velappan,

You challenge elections through the courts.
Keep in mind that a legal challenge may or may not be the best thing for your Association as there are both intended and unintended consequences with any decision.

You give the indication that there are 5 seats on the Board with 3 newly elected Directors (yourself and the two others) and two reelected directors. Since Association decisions are made by majority rule, and if there are only 5 seats on the Board, it appears that the new Directors control the vote. Therefore, do you really need to challenge the election?
VelappanP (Illinois)
Posts: 27
Posted:
Quote:
Posted By TimB4 on 12/17/2015 11:32 PM
Velappan,

You give the indication that there are 5 seats on the Board with 3 newly elected Directors (yourself and the two others) and two reelected directors. Since Association decisions are made by majority rule, and if there are only 5 seats on the Board, it appears that the new Directors control the vote. Therefore, do you really need to challenge the election?

The other tho positions will be come for election next yeras. the term is for two years
VelappanP (Illinois)
Posts: 27
Posted:
Quote:
Posted By TimB4 on 12/17/2015 11:32 PM
Velappan,

You give the indication that there are 5 seats on the Board with 3 newly elected Directors (yourself and the two others) and two reelected directors. Since Association decisions are made by majority rule, and if there are only 5 seats on the Board, it appears that the new Directors control the vote. Therefore, do you really need to challenge the election?

The other tho positions will come for election next year. the term is for two years
TimB4 (Tennessee)
Posts: 21,059
Posted:
I see.

Out of 5 seats, you are the only new Director.

My suggestion, choose your battles and always offer solutions to issues you raise.
This can gain the other Directors to see you as an asset vs. something else.

It might not happen this year. But next year, you can volunteer to oversee the election and make sure it's fair.
VelappanP (Illinois)
Posts: 27
Posted:
to be honest I am asking since the election is rigged and literally high-jacked by them, how do I over turn the election. What is the best way to go about it. Court or a homeowner petition for a new election.

This is a community of 279 homeowners and a handful of people (mostly family and friends with selfish interests) whats to run it. Our special assessment money is getting disappeared and lawsuits with village etc are growing. Village's fine itself is over $2,000,000.

if there is a reelection, I am sure they are out. So my question is what is the best way to ask for a special election.

They just cannot win by adding more bogus votes towards the end of the vote tallying.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Court is the only way to challenge an election (and there may be a time frame that limits how long you have to challenge).

The other option is to gather support and recall the entire board or individual directors.
If the recall is successful, then an election will be held.
KerryL1 (California)
Posts: 14,550
Posted:
So, you need to find out how to recall the board, Vel. It's in your bylaws and IL state laws. But these all vary from state to state so most of us cannot help unless one of us wants to read IL state laws, which is extremely generous.

So far as I know, no one here is an attorney though a couple seem very knowledgeable.
JimR24 (Texas)
Posts: 399
Posted:
Quote:
Posted By KerryL1 on 12/18/2015 8:04 AM
So, you need to find out how to recall the board, Vel. It's in your bylaws and IL state laws. But these all vary from state to state so most of us cannot help unless one of us wants to read IL state laws, which is extremely generous.

So far as I know, no one here is an attorney though a couple seem very knowledgeable.

Yes i agree with the previous post. VelappanP, what is your process (located in your governing documents) for a recall? Please share this with us - okay?

Thanks!

oljim, in texas

Lovin' life with my honey!
and, President of HOA in Texas
VelappanP (Illinois)
Posts: 27
Posted:
our bylaw says a either 75% of the board or a special meeting by the homeowners for the purpose can remove a board of director.

I have to check the IL law.
VelappanP (Illinois)
Posts: 27
Posted:
our bylaw says a either 75% of the board or a special meeting by the homeowners for the purpose can remove a board of director.

I have to check the IL law.
KerryL1 (California)
Posts: 14,550
Posted:
A special meeting of the homeowners seems pretty typical, Vel. But you need to lear the details in your HOA and your state.

If open meetings of the board are required in IL, you might t ry to round up several Owners who agree with you, go to the meetings, and ask respectful an relevant questions about the issues that concern you.

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