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The letter that was sent to homeowners stated that it was section 18.4 of the IL Condo act
18.4. Powers and Duties of Board of Managers. The board of managers shall exercise for the association all powers, duties and authority vested in the association by law or the condominium instruments except for such powers, duties and authority reserved by law to the members of the association. The powers and duties of the board of managers shall include, but shall not be limited to, the following:
(a) To provide for the operation, care, upkeep, maintenance, replacement and improvement of the common elements. Nothing in this subsection (a) shall be deemed to invalidate any provision in a condominium instrument placing limits on expenditures for the common elements, provided, that such limits shall not be applicable to expenditures for repair, replacement, or restoration of existing portions of the common elements. The term "repair, replacement or restoration" means expenditures to deteriorated or damaged portions of the property related to the existing decorating, facilities, or structural or mechanical components, interior or exterior surfaces, or energy systems and equipment with the functional equivalent of the original portions of such areas. Replacement of the common elements may result in an improvement over the original quality of such elements or facilities; provided that, if the improvement results in a proposed expenditure exceeding 5% of the annual budget, the board of managers, upon written petition by unit owners with 20% of the votes of the association delivered to the board within 14 days of the board action to approve the expenditure, shall call a meeting of the unit owners within 30 days of the date of delivery of the petition to consider the expenditure. Unless a majority of the total votes of the unit owners are cast at the meeting to reject the expenditure, it is ratified.
(b) To prepare, adopt and distribute the annual budget for the property.
(c) To levy and expend assessments.
(d) To collect assessments from unit owners.
(e) To provide for the employment and dismissal of the personnel necessary or advisable for the maintenance and operation of the common elements.
(f) To obtain adequate and appropriate kinds of insurance.
(g) To own, convey, encumber, lease, and otherwise deal with units conveyed to or purchased by it.
(h) To adopt and amend rules and regulations covering the details of the operation and use of the property, after a meeting of the unit owners called for the specific purpose of discussing the proposed rules and regulations. Notice of the meeting shall contain the full text of the proposed rules and regulations, and the meeting shall conform to the requirements of Section 18(b) of this Act, except that no quorum is required at the meeting of the unit owners unless the declaration, bylaws or other condominium instrument expressly provides to the contrary. However, no rule or regulation may impair any rights guaranteed by the First Amendment to the Constitution of the United States or Section 4 of Article I of the Illinois Constitution, nor may any rules or regulations conflict with the provisions of this Act or the condominium instruments.
(i) To keep detailed, accurate records of the receipts and expenditures affecting the use and operation of the property.
(j) To have access to each unit from time to time as may be necessary for the maintenance, repair or replacement of any common elements or for making emergency repairs necessary to prevent damage to the common elements or to other units.
(k) To pay real property taxes, special assessments, and any other special taxes or charges of the State of Illinois or of any political subdivision thereof, or other lawful taxing or assessing body, which are authorized by law to be assessed and levied upon the real property of the condominium.
(l) To impose charges for late payment of a unit owner's proportionate share of the common expenses, or any other expenses lawfully agreed upon, and after notice and an opportunity to be heard, to levy reasonable fines for violation of the declaration, by-laws, and rules and regulations of the association.
(m) Unless the condominium instruments expressly provide to the contrary, by a majority vote of the entire board of managers, to assign the right of the association to future income from common expenses or other sources, and to mortgage or pledge substantially all of the remaining assets of the association.
(n) To record the dedication of a portion of the common elements to a public body for use as, or in connection with, a street or utility where authorized by the unit owners under the provisions of Section 14.2.
(o) To record the granting of an easement for the laying of cable television cable where authorized by the unit owners under the provisions of Section 14.3.
(p) To seek relief on behalf of all unit owners when authorized pursuant to subsection (c) of Section 10 from or in connection with the assessment or levying of real property taxes, special assessments, and any other special taxes or changes of the State of Illinois or of any political subdivision thereof or of any lawful taxing or assessing body.
(q) To reasonably accommodate the needs of a handicapped unit owner as required by the federal Civil Rights Act of 1968, the Human Rights Act and any applicable local ordinances in the exercise of its powers with respect to the use of common elements or approval of modifications in an individual unit.
In the performance of their duties, the officers and members of the board, whether appointed by the developer or elected by the unit owners, shall exercise the care required of a fiduciary of the unit owners.
The collection of assessments from unit owners by an association, board of managers or their duly authorized agents shall not be considered acts constituting a collection agency for purposes of the Collection Agency Act.
The provisions of this Section are applicable to all condominium instruments recorded under this Act. Any portion of a condominium instrument which contains provisions contrary to these provisions shall be void as against public policy and ineffective. Any such instrument that fails to contain the provisions required by this Section shall be deemed to incorporate such provisions by operation of law.
The BOD is assessing each account with a portion of the attorney fee 1/3 of the savings will be assessed to each homeowner acct for attorneys fees for this expeniture. We are strickly a foreclosure market half the residents are unemployed! Not sure how they will get paid? Half the community does not pay as it is... So far the savings was 15k community wide. It has been moved to the PTAB for review of additional tax reductions meaning the fees will be more and we are not done yet it could be a 20k savings or a 30k savings we will not know till the next letter comes. Or the end of this tax year when a check appears from the assessors office giving us a reduction credt.
We have 7k in reserves and there is alot of builder defect issues being fixed and sucking money out of that account at one point last month there was 164 dollars in the opperating acct we barley make it month to month. Paying bills. We have other common attorney fees for general matters and collections that are currently getting out of control... LONG STORY SHORT THIS COA HAS BEEN BAD FROM JUMP STREET. We have had theft of funds and a dozen other things go wrong. Last management company royal screwed up homeowner accts. homeowners are being put in collection that might not even owe. The assessors office called me last night and asked what prodeedure was taken regarding this matter with the homeowners. I resigned from the board on Wednesday things are just getting out of control The management company does not do their job most of the time. They terminated our contract March 31st and my lawyer told me I was going to be left exposed!