What is the name of your state (only U.S. law)? IL
Our HOA board president is stepping further and further out of line, and I am looking for some legal advice.
At the beginning of the year, our HOA held our annual meeting/election. There are 2 board positions up for election due to expiration of term. Due to lack of quorum, no meeting or election could be held. It was at this point that my neighbor and I put our names in for the open board positions. A second meeting was scheduled for the following month. (Feb. 18th) My neighbor and I were able to collect a few proxies, as our meeting turnouts have steadily gotten lower the last few years. In the days leading up to the meeting, we noticed that there were no signs posted, like there normally was when a meeting was coming up. When we got to the meeting, there were only 4 other people there, 1 being our property manager. We waited as a few others trickled in. (There were 7 of us in all). But no board members showed up. Even with the proxies we had collected, we were still about 8 votes short of a quorum. The property manager finally received an email from our president stating he wasn’t going to make it.
About a week later, our president posted the following on Facebook:
Quick ? Do we have a third homeowners meeting? The membership and candidates have fallen short of votes. In the past, meetings have gotten passed by candidates canvasing for votes. The currant board members have one more year of service. The board budgets for one annual meeting and one management /officer meeting. Annual meetings cost roughly 1,200 bucks. A third meeting would now set us back 2,400 out of our surplus,surplus is mainly used for collections and for unforeseen needs, and raising dues to make up for it is not an option. So do we have another meeting and risk the same out come or post pone to the end of year along with the end of year election,need your thoughts.
Another homeowner asked about standing at the front of our subdivision to collect proxies, and the president responded with this:
I did that last year stand by the front entrance to get proxies and was successful,but its up to the candidates running,if they don't have time to knock on doors for vores they will not have time for the day to day duties of the association and there's always something,the management don't do everything it would cost a fortune.we already have dues lotto which I just got the list of people that paid on time,and Christmas lighting contest.I know people get and read their mail because we don't fall short of Easter Egg event.I people just don't vote because they don't know the candidates,not because they don't care I've got a hard one at hand because on one hard I have financial obligation to balance and stick with the budget,this year we will be sending homeowners to collections and will rely on surplus. Thanks for your thoughts and support.
Needless to say, this sparked some feedback, and led to a heated discussion. In this same facebook post, the president went on to personally attack my neighbor, and went so far as to say that she hadn’t paid her dues (which she had). He brought up past events, and lied about what had happened. When I corrected him, he deleted my reply.
Since then, we have received no newsletters, and there’s been no meeting or election. I’ve contacted our management company to find out where things stand, and ended up being told that ALL questions to the board must to be sent via snail mail, and include a SASE. I asked if our last meeting was valid, even if we had reached a quorum, because no board members were present. I received no answer. I asked if ALL questions had to be sent via snail mail, then why was the president answering other homeowner’s questions on the facebook page. I received no answer. The last thing I was told by the management company was this: “I have been advised by the Board that since I am not a Board member, I do not have authority to give answers that appear or might appear to be the responses of the Board.”
I understand that some of my requests require that I write a letter. (I asked to see the receipts for the last 2 meetings, as the president said they cost in excess of $1200. Our meeting room is free) But most of my other questions were just that…questions.
Here are some facts that need to be shared:
1. Our president’s landscaping business has won the bid for the last 3 years(as long as he's been president), and will presumably do so again this year. After reading through the laws, this would be ok if a letter was sent to all the homeowners, giving them the ability to vote on it. This has never been done.
2. The president is in violation of several of our own by-laws, but continues to send violation letters out to other homeowners.
3. Our property manager informed me that no meeting minutes have ever been taken by the current secretary (whose position expired end of 2012, but continues to hold the position since there’s been no election)
4. My neighbor and I offered to spend the money out of our own pockets to make the copies needed, and walk around the neighborhood to let people know about another meeting and election, in order to save money. Our offer was ignored.
5. There are 347 homes in our HOA, and our dues are a little over $100 a year.
In all honesty, there is bad blood between us. But to clarify, it is due to an event we were asked to plan for our community. The president was not forthcoming with information we needed to plan, and instead, shared his feelings with a fellow board member by ridiculing us, and accusing us of only wanting to plan the event to see it fail. (Which made no sense...it was an egg hunt, and we had children of our own that would attend) We continued to assist with the planning, and showed up on the day of the event, and held our tongues, to make sure it was a success. Since then, I have volunteered to help coordinate other events, only to be ignored, and then listen as the president tells other residents that he had no help or volunteers.
Despite everything, my neighbor and I want to help our community, but since the president doesn’t ‘like’ us, he’s doing everything he can to block us. The sad part is, he isn’t even giving the other candidates a fair shake, because of his feelings for us.
I’ve looked over 765 ILCS 160, and 805 ILCS 105, and contacted both local and state govt. Both have told us to get an attorney. Which led me here.
Any advice would be greatly appreciated.
Thank you.
Our HOA board president is stepping further and further out of line, and I am looking for some legal advice.
At the beginning of the year, our HOA held our annual meeting/election. There are 2 board positions up for election due to expiration of term. Due to lack of quorum, no meeting or election could be held. It was at this point that my neighbor and I put our names in for the open board positions. A second meeting was scheduled for the following month. (Feb. 18th) My neighbor and I were able to collect a few proxies, as our meeting turnouts have steadily gotten lower the last few years. In the days leading up to the meeting, we noticed that there were no signs posted, like there normally was when a meeting was coming up. When we got to the meeting, there were only 4 other people there, 1 being our property manager. We waited as a few others trickled in. (There were 7 of us in all). But no board members showed up. Even with the proxies we had collected, we were still about 8 votes short of a quorum. The property manager finally received an email from our president stating he wasn’t going to make it.
About a week later, our president posted the following on Facebook:
Quick ? Do we have a third homeowners meeting? The membership and candidates have fallen short of votes. In the past, meetings have gotten passed by candidates canvasing for votes. The currant board members have one more year of service. The board budgets for one annual meeting and one management /officer meeting. Annual meetings cost roughly 1,200 bucks. A third meeting would now set us back 2,400 out of our surplus,surplus is mainly used for collections and for unforeseen needs, and raising dues to make up for it is not an option. So do we have another meeting and risk the same out come or post pone to the end of year along with the end of year election,need your thoughts.
Another homeowner asked about standing at the front of our subdivision to collect proxies, and the president responded with this:
I did that last year stand by the front entrance to get proxies and was successful,but its up to the candidates running,if they don't have time to knock on doors for vores they will not have time for the day to day duties of the association and there's always something,the management don't do everything it would cost a fortune.we already have dues lotto which I just got the list of people that paid on time,and Christmas lighting contest.I know people get and read their mail because we don't fall short of Easter Egg event.I people just don't vote because they don't know the candidates,not because they don't care I've got a hard one at hand because on one hard I have financial obligation to balance and stick with the budget,this year we will be sending homeowners to collections and will rely on surplus. Thanks for your thoughts and support.
Needless to say, this sparked some feedback, and led to a heated discussion. In this same facebook post, the president went on to personally attack my neighbor, and went so far as to say that she hadn’t paid her dues (which she had). He brought up past events, and lied about what had happened. When I corrected him, he deleted my reply.
Since then, we have received no newsletters, and there’s been no meeting or election. I’ve contacted our management company to find out where things stand, and ended up being told that ALL questions to the board must to be sent via snail mail, and include a SASE. I asked if our last meeting was valid, even if we had reached a quorum, because no board members were present. I received no answer. I asked if ALL questions had to be sent via snail mail, then why was the president answering other homeowner’s questions on the facebook page. I received no answer. The last thing I was told by the management company was this: “I have been advised by the Board that since I am not a Board member, I do not have authority to give answers that appear or might appear to be the responses of the Board.”
I understand that some of my requests require that I write a letter. (I asked to see the receipts for the last 2 meetings, as the president said they cost in excess of $1200. Our meeting room is free) But most of my other questions were just that…questions.
Here are some facts that need to be shared:
1. Our president’s landscaping business has won the bid for the last 3 years(as long as he's been president), and will presumably do so again this year. After reading through the laws, this would be ok if a letter was sent to all the homeowners, giving them the ability to vote on it. This has never been done.
2. The president is in violation of several of our own by-laws, but continues to send violation letters out to other homeowners.
3. Our property manager informed me that no meeting minutes have ever been taken by the current secretary (whose position expired end of 2012, but continues to hold the position since there’s been no election)
4. My neighbor and I offered to spend the money out of our own pockets to make the copies needed, and walk around the neighborhood to let people know about another meeting and election, in order to save money. Our offer was ignored.
5. There are 347 homes in our HOA, and our dues are a little over $100 a year.
In all honesty, there is bad blood between us. But to clarify, it is due to an event we were asked to plan for our community. The president was not forthcoming with information we needed to plan, and instead, shared his feelings with a fellow board member by ridiculing us, and accusing us of only wanting to plan the event to see it fail. (Which made no sense...it was an egg hunt, and we had children of our own that would attend) We continued to assist with the planning, and showed up on the day of the event, and held our tongues, to make sure it was a success. Since then, I have volunteered to help coordinate other events, only to be ignored, and then listen as the president tells other residents that he had no help or volunteers.
Despite everything, my neighbor and I want to help our community, but since the president doesn’t ‘like’ us, he’s doing everything he can to block us. The sad part is, he isn’t even giving the other candidates a fair shake, because of his feelings for us.
I’ve looked over 765 ILCS 160, and 805 ILCS 105, and contacted both local and state govt. Both have told us to get an attorney. Which led me here.
Any advice would be greatly appreciated.
Thank you.