• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Violation of Condo Decs & Bylaws and IL Condo Property Act

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

turnedteacher

Junior Member
What is the name of your state? Illinois, Cook County to be exact

Thank you for reviewing my questions and concerns regarding my Condo Association.

I own a condo in Cook County in Illinois. I have tried amicably to resolve violations of our HOA Decs. and Bylaws, but two Board members are non-compliant.

1. Our Board (actually 1/2 of the Board) is planning to amend our current Dec and Bylaws to take away the percentage vote and institute a per unit vote in all matters. Our Dec. & Bylaws demand 100% Board approval written and signed by all Board members, 3/4 unit owner approval and the approval of all mortgagees. The IL Condo Property Act also precludes changing to a per unit vote when it adversely affects the property owner, etc. Is the 3/4 unit owners, the owners that attend a meeting or 3/4 of the total owner population? Also how can we fight this when 1/2 of the Board disagrees and will not sign the amendment into law?

2. Our President used to own and live at our condo, however, he no longer lives here. Our Dec and Bylaws state that all Board members must both own and live on the premises. However, he will not step down and deliver pertinent documents and account data to other elected Board members. Furthermore, he and another Board member are planning to amend the Dec. & Bylaws in order to secure his positionship. What can we do about this?

3. Our Board President and Treasurer will not release or allow review of payments, ballots, receipts, maintenance salaries, etc and our financial documents also lack full disclosure. The President and Treasurer are also holding meetings separate from and without giving notice to the other elected Board members. In these meetings they have decided the budget, written financial documents, and ordered special assessments. Is this legal?

4. Unit owners have repeatedly requested an audit, but our Board refuses. Is this legal?

5. Our Board recently raised assessments over 20%. Is there a cap on the amount or percentage assessments can be raised?

6. Our Dec & Bylaws allow for unit owners to rent their property as long as a copy or memo of an oral lease is presented to the Board within 10 days of the lease execution date. Is it lawful for the Board to refuse rentals without a vote? Also, at least 4 units are currently being rented, can I rent my property in compliance with the Dec & Bylaws?

7. Our President and Treasurer are demanding keys to all units. Nowhere in the Dec. & Bylaws does it state that we must give keys to the Board. Unit owners are to allow entry "from time to time as needed for repairs and maintenance," but giving keys sounds strange to me. Is this legal?

8. Our Board President and Treasurer are asking unit owners with washers, dryers, or dishwashers to pay an additional monthly assessment for using such appliances. Is this legal? We already pay our own electric and water is included in the assessment. Again, we just had a 20-21% increase in assessments.

9. Lastly, who can we appeal to in Illinois for free or low-cost legal clout to cause our run-away Board members to comply with our own Dec. & Bylaws and the laws of the State of Illinois' Condominium Property Act? The President and Treasurer stated at our last HOA meeting that in 31 days, the new amendments (per unit vote & non-resident Board membership) will be in force.

Again, thank you for reviewing my questions and also for any advice you can offer.
Desperate in Illinois
[email protected]
 


HomeGuru

Senior Member
turnedteacher said:
What is the name of your state? Illinois, Cook County to be exact

Thank you for reviewing my questions and concerns regarding my Condo Association.

I own a condo in Cook County in Illinois. I have tried amicably to resolve violations of our HOA Decs. and Bylaws, but two Board members are non-compliant.

1. Our Board (actually 1/2 of the Board) is planning to amend our current Dec and Bylaws to take away the percentage vote and institute a per unit vote in all matters. Our Dec. & Bylaws demand 100% Board approval written and signed by all Board members, 3/4 unit owner approval and the approval of all mortgagees. The IL Condo Property Act also precludes changing to a per unit vote when it adversely affects the property owner, etc. Is the 3/4 unit owners, the owners that attend a meeting or 3/4 of the total owner population? Also how can we fight this when 1/2 of the Board disagrees and will not sign the amendment into law?

2. Our President used to own and live at our condo, however, he no longer lives here. Our Dec and Bylaws state that all Board members must both own and live on the premises. However, he will not step down and deliver pertinent documents and account data to other elected Board members. Furthermore, he and another Board member are planning to amend the Dec. & Bylaws in order to secure his positionship. What can we do about this?

3. Our Board President and Treasurer will not release or allow review of payments, ballots, receipts, maintenance salaries, etc and our financial documents also lack full disclosure. The President and Treasurer are also holding meetings separate from and without giving notice to the other elected Board members. In these meetings they have decided the budget, written financial documents, and ordered special assessments. Is this legal?

4. Unit owners have repeatedly requested an audit, but our Board refuses. Is this legal?

5. Our Board recently raised assessments over 20%. Is there a cap on the amount or percentage assessments can be raised?

6. Our Dec & Bylaws allow for unit owners to rent their property as long as a copy or memo of an oral lease is presented to the Board within 10 days of the lease execution date. Is it lawful for the Board to refuse rentals without a vote? Also, at least 4 units are currently being rented, can I rent my property in compliance with the Dec & Bylaws?

7. Our President and Treasurer are demanding keys to all units. Nowhere in the Dec. & Bylaws does it state that we must give keys to the Board. Unit owners are to allow entry "from time to time as needed for repairs and maintenance," but giving keys sounds strange to me. Is this legal?

8. Our Board President and Treasurer are asking unit owners with washers, dryers, or dishwashers to pay an additional monthly assessment for using such appliances. Is this legal? We already pay our own electric and water is included in the assessment. Again, we just had a 20-21% increase in assessments.

9. Lastly, who can we appeal to in Illinois for free or low-cost legal clout to cause our run-away Board members to comply with our own Dec. & Bylaws and the laws of the State of Illinois' Condominium Property Act? The President and Treasurer stated at our last HOA meeting that in 31 days, the new amendments (per unit vote & non-resident Board membership) will be in force.

Again, thank you for reviewing my questions and also for any advice you can offer.
Desperate in Illinois
[email protected]
**A: my advice is to read your CC&R's and then see a real estate attorney.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top