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ReneeD (Illinois)
Posts: 201
Posted:
For as long as I have lived in this association, the annual meeting is held only for election of officers and no other business. However our budget, which is on a calendar year basis, is prepared by the managing agent for the BOD for review/adoption at a meeting prior to year end. What is the correct procedure we homeowners need to take for the BOD to change the way it handles the financial affairs of this community? Other questions that come to mind:

1)shouldn't the general membership be allowed to vote on the budget as well and not just the BOD? if so, shouldn't a ballot be included when mailing the proposed budget to homeowners?

2)what would be the normal procedure to request the BOD to place our budget as a voting item at annual meeting?

-ReneeD
RogerB (Colorado)
Posts: 5,067
Posted:
The procedure for approval of the annual budget should be in your By-laws. To change that procedure requires amending your By-laws. How to amend your By-laws should be in your By-laws.

DaneC (California)
Posts: 210
Posted:
(765 ILCS 605/18) (from Ch. 30, par. 318)
Sec. 18. Contents of bylaws. The bylaws shall provide for at least the following:
(6) that each unit owner shall receive, at least 30 days prior to the adoption thereof by the board of managers, a copy of the proposed annual budget together with an indication of which portions are intended for reserves, capital expenditures or repairs or payment of real estate taxes;

(7) that the board of managers shall annually supply to all unit owners an itemized accounting of the common expenses for the preceding year actually incurred or paid, together with an indication of which portions were for reserves, capital expenditures or repairs or payment of real estate taxes and with a tabulation of the amounts collected pursuant to the budget or assessment, and showing the net excess or deficit of income over expenditures plus reserves;

(8) (i) that each unit owner shall receive notice, in the same manner as is provided in this Act for membership meetings, of any meeting of the board of managers concerning the adoption of the proposed annual budget and regular assessments pursuant thereto .................

PaulM (Pennsylvania)
Posts: 1,347
Posted:
DaneC:

It would appear from your bylaws posting that an owner:
- IS TO receive (30 days prior) to the adoption by the board of managers, a copy of the 'proposed' annual budget...
It does not state that the membership is to vote on it. However, with the receipt of the proposed budget 30 days prior to its adoption, you are certainly able to express your disapproval or concern by notifying the board. You do not reveal if the Board did not issue the proposed budget to you 30 days prior.

- THE BOARD IS to supply an itemized accounting of expenses incurred from THE PREVIOUS YEAR...and to show income vs. expenses

- EACH OWNER IS to be notified of a meeting in which the proposed annual budget will be adopted...
Again, does not say the members are invited to the meeting, nor does it state the members are to cast a vote to adopt the budget....

All the above is not also to state that it is in the best interest of a Board to seek member vote on the forthcoming annual budget.
DaneC (California)
Posts: 210
Posted:
Here is a continuation of -
(765 ILCS 605/18) (from Ch. 30, par. 318)
Sec. 18. Contents of bylaws. The bylaws shall provide for at least the following:

(9) that meetings of the board of managers shall be open to any unit owner, except for the portion of any meeting held (i) to discuss litigation when an action against or on behalf of the particular association has been filed and is pending in a court or administrative tribunal, or when the board of managers finds that such an action is probable or imminent, (ii) to consider information regarding appointment, employment or dismissal of an employee, or (iii) to discuss violations of rules and regulations of the association or a unit owner's unpaid share of common expenses; that any vote on these matters shall be taken at a meeting or portion thereof open to any unit owner; that any unit owner may record the proceedings at meetings or portions thereof required to be open by this Act by tape, film or other means; that the board may prescribe reasonable rules and regulations to govern the right to make such recordings, that notice of such meetings shall be mailed or delivered at least 48 hours prior thereto, unless a written waiver of such notice is signed by the person or persons entitled to such notice pursuant to the declaration, bylaws, other condominium instrument, or provision of law other than this subsection before the meeting is convened, and that copies of notices of meetings of the board of managers shall be posted in entranceways, elevators, or other conspicuous places in the condominium at least 48 hours prior to the meeting of the board of managers except where there is no common entranceway for 7 or more units, the board of managers may designate one or more locations in the proximity of these units where the notices of meetings shall be posted;

(10) that the board shall meet at least 4 times annually;

I have not had to look at Illinois this year, but a glance through their act did give me the sense that the Board acts on behalf of the Association, and once elected, does not have to keep going to the membership for authorizations - which seems borne out by the minimum of only 4 meetings, which you can TAPE or FILM!
BonnieE (Illinois)
Posts: 338
Posted:
Hi – I’m also in an IL HOA. To sum up…the meetings are open to the HOs (except for those portions specified per the Act). A HO open forum is typically included at the start of the meeting for HO questions/comments. HOs are not allowed to participate in the business portion of the meeting (can listen) – although a less formal BOD may allow some questions from HOs (we have done that). HOs do not vote on the budget (nor in any other decisions of the BOD – that is what they were elected to do – other posts address the duties/responsibilities of the BOD, as do the Act & By-Laws). But, the BOD should consider any HO comments provided during the 30 day review period or at the meeting when making a decision on a final budget. HOs who attend the meeting at which the proposed budget will be discussed may provide comments and ask questions during the HO session of the meeting. But, it is recommended that HOs provide their questions & comments in writing (or via e-mail) to the property manager prior to the meeting – who will then provide to the BOD.

The proposed budget is provided to the HOs late summer/early fall so that it can be finalized and provided to the HOs before the end of the calendar year. The timing of the annual election is based on when the turnover from developer to HOs took place.

Good luck!
Bonnie

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