absentee vs proxy ballots

we are an illinois hoa. our state governing documents have been updated to recognize/include absentee ballots; however, our association still does proxy for election of officers at annual meeting. i am thinking the MC and possibly the BOD should be aware of this change too but may be operating IMHO with the attitude of "if it ain't broke not need fixin'" and that they are not representing the best interest of homeowners. does state override our governing documents or, can homeowners petition the board to begin doing it this way? -ReneeD

Thanks, Roger, for your quick response. Actually I had worded it for brevity. So, if I am understanding you correctly, state statutes supercede ours even if no change is made to our Decs--currently proxy vote/Board does nothing? Below is statute's exact wording. Timing of our next Board/homeowner meeting is April 12; our annual election is in August (more than likely after the 9th). Correct me if I am wrong but I am interpreting this to say homeowners can only petition AFTER the Board announces it is changing the voting process? So, if the Board does nothing even with this new "law", our Declarations stay the same---currently vote by proxy. This seems unfair only because the same people keep voting themselves back on the board year after year after year to the point that most homeowners, those that do run, are discouraged and give up. Have you any ideas how we homeowners can change this current practice? Would anyone else? Thanks again,

Under the Illinois Condominium Property Act, effective January 1, 2004, Section 18,9(B)states, "...that, if a rule adopted at least 120 days before a board election or the declaration of bylaws provide for balloting as set forth in this subsection, unit owners may not vote by proxy in board elections, but may vote only (i) by submitting an association-issued ballot to the association in person at the election meeting or (ii) by submitting an association-issued ballot to the association or its designated agent by mail or other means of delivery specified in the declarations, bylaws or rule; that the ballots shall be mailed or otherwise distributed to owners not less than 10 and not more than 30 days before the election meeting, and the board shall give unit owners not less than 21 days' prior written notice of the deadline for inclusion of a candidate's name on the ballots; that the deadline shall be no more than 7 days before the ballots are mailed or otherwise distributed to unit owners; that every such ballot must include the names of all candidates who have given the board or its authorized agent timely written notice of their candidacy and must give the person casting the ballot the opportunity to cast votes for candidates whose names do not appear on the ballot; that a ballot received by the association or its designated agent after the close of voting shall not be counted; that a unit owner who submits a ballot by mail or other means of delivery specified in the declarations, bylaws, or rule may request and cast a ballot in person at the election meeting, and thereby void any ballot previously submitted by that unit owner." Section 18,9(C) goes on to say "...that if a written petition by unit owners with at least 20% of the votes of the association is delivered to the Board within 14 days after the board's approval of a rule adopted pursuant to subparagraph (b) of this paragraph (9), the board shall call a meeting of the unit owners within 30 days after the date of the delivery of the petition; that unless the majority of the total votes of the unit owners are cast at the meeting to reject the rule, the rule is ratified..."

The State does override the association documents.

However, the State allows for different types of voting (absentee, proxy, in person) and sets the standards and rules for each in the Condo law. It does not state that they all have to be allowed... just that one does.

Lisa

Tell your neighbors what you have told me, with evidence, and then campaign for the proxies.

You can petition the Board to allow proxies or absentee ballots. I would have to read through the Condo law again to give specifics.

Of late, I have learned a lesson that has helped me on our Board. Know the rules. Know the law. Know the resources (in our town, 'community development director' has helped me on violation issues and getting contacts)

Knowledge is power...and when you are as much 'in the know' as this Board member, you will be equipped to play the game as well as she is.

It is especially helpful when talking to other members. When you can present a coherent argument for the problems that you see, and can put forth a solution, people will listen.

I'll look through the laws again when I get a minute, and let you know if I find anything else.

Lisa