Bonnie...question for you today(IL)

I've scoured our governing docs and ILCA and cannot find any reference about "member in good standing". Is this something assumed by associations that a homeowner has to be current in assessments, no fees/late charges, etc. just to ward off those who are so they don't run. Today is election day and, I'm sure that subject will be coming up for discussion. Thanks. -Renee

Hi Renee,
I’ve previously searched, too, and could not find anything in the Condo Act other than HOA members must be homeowners. As I recall, this is in the definitions section for the definition of a unit owner. Then there is a latter section (18.3) that is a brief paragraph re unit owner association.

I checked the KSN website and from their handbook for new owners, see pg. 5:
http://www.ksnlaw.com/E02E82/assets/files/Documents/BoardHandbook2.pdf

it states:

“Does a member have to be current in the payment of their assessments to serve on the board? A common rule among associations is to limit board membership, and even voting rights, to “members in good standing”. The prerequisite for implementing such a policy is that the board must adopt it in an open meeting in advance of sending out notice of the election. All members of the association should receive notification of this requirement before it actually takes effect, and have the right to bring their account current by the nomination cut off date.”

While this is in regards to qualifications to be on the Board, it does make reference to “members in good standing”.

My Declaration defines “owner” and “voting member” up front. Then Article 4 “The Association” further discusses membership , voting member, and the Board. There is no mention of members nor Directors needing to be “members in good standing”. Directors are either an owner or voting member or both (as defined in the Declaration). Our By-Laws state basically the same.

Your Declaration may well have similar language since this language is basically from the Condo Act.

We have even had an absentee homeowner on the Board (i.e., he rents his condo and lives in another condo nearby) – no restriction for that either.

IMO if your Declaration/By-Laws do not include a requirement to be a member in good standing, then someone who is overdue in assessments can vote and can run for the Board.

Good luck with your election!
Bonnie

PS - maybe RickW from IL will catch this thread and post a response, too. I am curious as to what his HOA docs state.

FYI:
IL Condo Act from KSN web site:

http://www.ksnlaw.com/E02E82/assets/files/Documents/Illinois%20Condominium%20Property%20Act.pdf

The word member is not defined. Owner and unit owner are used.

from Section 2 Definitions

"(g) "Unit Owner" means the person or persons whose estates or interests, individually or collectively, aggregate fee simple absolute ownership of a unit, or, in the case of a leasehold condominium, the lessee or lessees of a unit whose leasehold ownership of the unit expires simultaneously with the lease described in item (x) of this Section.
.......
(o) "Unit Owners' Association" or "Association" means the association of all the unit owners,
acting pursuant to bylaws through its duly elected board of managers."

Section 14:

"(2) "Owner" means any unit owner or owner of record of the condominium property."
(this is on pg. 15)

Section 18:

"Sec. 18. CONTENTS OF BYLAWS. The bylaws shall provide for at least the following:
(a) (1) The election from among the unit owners of a board of managers, the number of persons constituting such board, and that the terms of at least one-third of the members of the board shall expire annually and that all members of the board shall be elected at large. If there are multiple owners of a single unit, only one of the multiple owners shall be eligible to serve as a member of the board at any one time."