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BrookeH1 (Illinois)
Posts: 1
Posted:
The devloper who started our subdivision went bankrupt a few years back. This will be a 179 home subdivision when 3rd phase is complete(phase 3 staring this spring). He did manage to record restrictions, Dec 2004. We are in the process of forming a HOA. We have held an election of the current homeowers and have establised a 6 person board (per restrictions). We have met with an Atty and are getting ready to file the paperwork to become incorporated.

Part of recorded restrictions states: "Length of terms and other issues concerning the operation of the board and of the associaiton shakll be as provided in bylaws to be established by the association. Initial bylaws of the association and of the board shall be established by the initial directors."

I could use some advise on bylaws. What works best? I know we will have major problem getting homeowners to attend meetings or vote, which was obvious during the election process. I have been reviewing other bylaws from neighboring subdivisions and they are all very different. I found this site and am hoping for a little guidance.

Thanks in advance for anything you can offer.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Brooke,

Seeing what other Associations within your State is a good start. However, you should also look at your State laws to see how they apply. The following are provided:

IL (805 ILCS 105/) General Not For Profit Corporation Act of 1986:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2280&ChapAct=805%26nbsp%3BILCS%26nbsp%3B105%2F&ChapterID=65&ChapterName=BUSINESS+ORGANIZATIONS&ActName=General+Not+For+Profit+Corporation+Act+of+1986.

IL Property Laws:

http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=62

Additionally, since you have a corporate lawyer, they should also be able to assist.

Tim

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