CarolN2 (Illinois)
Posts: 1
Posts: 1
Posted:
OUR HOA CONDO OWNERS WANT TO KEEP MEETINGS AND VOTING IN PERSON,IN OUR BUILDING.WE HAVE 2/3 RESOLUTION COMMUNITY VOTE AND BOARD STILL REFUSED. ANY HELP?
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ILLINOIS OWNERS DOCUMENT RESOLUTION
Started by CarolN2 • 6 replies • 207 views
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SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Was this document resolution a vote to amend your documents to allow impersonating? What do the documents say about this? Check the bylaws, which usually dictate how the community is to be run. If this about amending your documents, there's more to it than a show of hands during a meeting. What do the documents say about that and did you follow THOSE directions?
If not, that could be why the board has refused - or they're being stubborn and may need to be voted out or recalled. What's the reason for the refusal- that may give you a clue as towhat you may need to do next. Yes, that may call for legal action, so you may need to pass the hat for an attorney to advise you of your options.
PS - writing in all caps is considered shouting- unnecessary and hard on the eyes.
If not, that could be why the board has refused - or they're being stubborn and may need to be voted out or recalled. What's the reason for the refusal- that may give you a clue as towhat you may need to do next. Yes, that may call for legal action, so you may need to pass the hat for an attorney to advise you of your options.
PS - writing in all caps is considered shouting- unnecessary and hard on the eyes.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Doesn't Illinois HOA or condo law require that HOA board meetings open to all owners??? Is this what is meant by "in person" meetings?
Or, Carol, are you saying that owners want Members meetings, e.g., elections, to be held only "in person?"
Some clarification might generate more ideas for you.
Or, Carol, are you saying that owners want Members meetings, e.g., elections, to be held only "in person?"
Some clarification might generate more ideas for you.
DeanJ
Posts: 1,786
Posts: 1,786
Posted:
A little confused about your situation. Do you want an open board meeting or is this an annual meeting issue?
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Carol,
Essentially, your members got together and signed a petition to ask the board to do a,b,c
Although you had 2/3 of the membership sign the petition it does not actually constitute voting unless everything was properly noticed per your governing documents and State laws.
Unfortunately, it appears that IL statutes allow electronic voting and places the decision to have electronic voting in the hands of the Board.
You have one option as I see it:
1) use that 2/3 voting power to oust the current board and replace them with those who will keep in person meetings/voting.
Essentially, your members got together and signed a petition to ask the board to do a,b,c
Although you had 2/3 of the membership sign the petition it does not actually constitute voting unless everything was properly noticed per your governing documents and State laws.
Unfortunately, it appears that IL statutes allow electronic voting and places the decision to have electronic voting in the hands of the Board.
You have one option as I see it:
1) use that 2/3 voting power to oust the current board and replace them with those who will keep in person meetings/voting.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
I've always wondered about states that require in-person meetings and voting, and just what their plan is when disabled owners who can't attend in person request a reasonable accommodation.
Fair Housing laws (federal) supersede state laws (requiring in person meetings). This is may be what the board in the OP's community is thinking about, in addition to the expense and inconvenience of in-person meetings in communities that don't have meeting space.
You'd think a pandemic would have taught people some lessons, but apparently not. Just wait 'til an avian influenza gets going - covid is a sweet, fluffy little kitten compared to avian influenza that has a fatality rate of around 50% in humans (based on past experiences). The current H5N1 strain we're dealing with in cows is lulling everyone into complacency.
Fair Housing laws (federal) supersede state laws (requiring in person meetings). This is may be what the board in the OP's community is thinking about, in addition to the expense and inconvenience of in-person meetings in communities that don't have meeting space.
You'd think a pandemic would have taught people some lessons, but apparently not. Just wait 'til an avian influenza gets going - covid is a sweet, fluffy little kitten compared to avian influenza that has a fatality rate of around 50% in humans (based on past experiences). The current H5N1 strain we're dealing with in cows is lulling everyone into complacency.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Should probably mention that owners do not have binding votes except in a few situations that are mentioned in the governing documents. These include: 1) electing board members; 2) voting on amendments to the governing docs; 3) other items that the governing docs or state law specifically describe as requiring homeowner approval. The latter can include something like approval for the board to lower the annual contribution to the reserves that was called for in the most recent reserve study.
For all other items, the membership can petition the board to consider something. But the board is not obligated to act on this or to act in the way that homeowners want. (Community associations are corporations, not democracies.)
For all other items, the membership can petition the board to consider something. But the board is not obligated to act on this or to act in the way that homeowners want. (Community associations are corporations, not democracies.)
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