Our Common Interest Community board members would like to cap number of rentals in the community. There is no restriction now. Can I have a simple step by step process to get this accomplished? We have an idea what needs to be done (such as 2/3 of members wanting to amend the declaration) but we don't know what to do first, second, third, etc. Thank you.
In a CICAA Ass'n, if the Ass'n at the end of the fiscal year has either a surplus or loss, and the documents do not state what happens, what options are available to a Board? If the loss is greater than 115% of the budget, is there a cap on a special assessment?
Upon a sale of a condominium, the 22.1 disclosure forms are completed for an attorney. The form is not accepted by lending agencies; they want their own questionnaire completed and will not accept the 22.1. If the questionnaire is not completed for the lending agency, it could be a deal breaker for the borrower. Does an association stick to the 22.1 and not complete any questionnaires? Should the 22.1 and questionnaire be completed? This wasn't an issue in the past.
Our association is writing a collection policy which will become part of our rules. We were thinking about reporting 30-60-90 day lates to credit bureaus. Can we do that? Are management companies set up to report late pays to the bureaus if we ask them to do that for us?
Our condo associations rules are fairly vague and as a board we would like to make them more specific and add items not addressed to head off potential future problems. We are getting push back from some unit owners who feel too many rules treats them like children. How can we respond to this?
Our current practice is for new owners to pay the equivalent of 2 months dues which go into the reserves. Is this legal in IL? We are covered under the CICAA.
I live in a CIAA Ass'n. CIAA 1-35(c) says 2/3's of members can remove a Board Member. How does this provision get implemented, can the process be applied to the entire Board, and how would records be transferred? The Ass'n has a voluntary Board and no property manager.
The Community Association Act 75 ILCS160 was recently amended (PA 098-1042) to inclde rules regarding electronic voting in section i " Members may not vote by proxy in board elections" Does this mean at all ( via mail) or only electronically it is not permissible
Can a board in a HOA mandate the type of internal window treatment an owner can use? eg color,type of material?
In Illinois, are HOAs required to distribute a budget draft to owners for review 30 days in advance of the approval meeting? The declaration is silent on the specific process.
Can you serve on more than one HOA board in the state of IL? A builder building in our neighborhood wants to serve on our HOA board and he is already on another board in a different neighborhood in the same city.
Our documents require that the Annual Meeting for election of directors be held in November of each year and the elected directors take office on January 1st. The documents also say the board must hold a meeting within 10 days following the annual meeting to elect the new officers for the board. My question is which board elects the officers, the current board or the new board which is effective Jan 1st?
I have a qustion. My HOA held a voting an since some people did not fill out the ballet correctly they threw all of them out and kept the same board members. They also said that when a contract comes up they can pick and not tell the tenents. I was wondering what are our rights as tenents, what recourse do we have.
Are the spec homes and lots still owned by the developer, and which have not yet been conveyed subject to the declaration, members of a homeowners association?
How does a condo association deal with a corporation that buys to rent, quorum proxy for annual mtg., etc.. with a corporation not being one person?
One of the condo owners is more than 12 months late in their maintenance fees. We would like to serve papers on them with move to evict. However, the person occupying the residence is not the owner. By law, can we serve the papers only to the person occupying the property, and meet the responsibility of due process. Do we have to prove that the owner received the necessary documentation of being arrears in maintenance fees? Thank you.
I live in a common interest community and our original declaration was not submitted to the provisions of the ICPA. Also, our Articles of Incorporation states we are not established as a condominium under the ICPA. Since our board has not taken any action to adopt the Illinois CICAA of July 29, 2010, my question is what law are we governed by...the CICAA or the ICPA? Thank you for clarifying this for me.
I reside in a medium sized condo association. From what I have heard from other associations each association has different information about what is required since the ruling in the Palm vs 2800 case. Are Board members required to hold open workshops? My association is not notifying owners of their workshops; the president stated the decision is being appealed. Yet another association stated our management company told them they could not hold a workshop without notifying their owners. What is correct?
Can non unit owners serve on the Board of Directors of a Townhome Association (organized in 1973/ non for profit corp/ does not stipulate anything in the Bylaws or Decs)
Is a property manager or association attorney liable for not correcting board actions which are illegal?
Can we send meeting information packets out to board members via email? The information is not for discussion - it is only the information the board needs to be prepared for the next meeting. Such as an agenda, proposals related to the decisions being made and/or suggestions from residents or other board members. We would mark the email as information only not for discussion.
Does the order issued on 3/21 in the Illinois Appellate Court concerning open meetings also pertain to town homes?
Does sending an article from a newspaper for other board members to read constitute a meeting? What if a comment on the article is sent to the other members of the board?
Managing a condo building, how long do I have to keep records? Minutes, invoices, contracts, newsletters, copies of checks, resident files, employee records, etc. Thank you.
Can the association deny delinquent homeowners 2 to 4 years behind in assessments services like grass cutting and lost of parking priviledges of common area, not pay for their roof inspection ? All have refuse all efforts from the association to work with them in a repayment plan for over a year. We have sent 30 day notices which were rescinded, two designed letters of repayment which were refused also. Threatened ... Nothing we do has resulted in a reply from delinquent owners.
We have a three-person board who runs unopposed every year. They approve their re-election without a vote stating they are running unopposed so no need for a vote. Is that true? One board member resigned mid-term. The remaining two board members have not made a statement on this in regards to how or if the position will be filled. Must they fill the position?
Can you bill an owner who has filed for bankruptcy for delinquent post petition account or are you barred from all billing?
I live in a 5013c and primarily over 55 Association. I have tried to let friends live with me and the Board continues to deny my requests based on age (under 55). I am 64. According to our bylaws 20% can be under 55 although no one under 18 can reside. They also tell me that I must ask for permission for any visitor to stay more than one night although our bylaws state a maximum of 30 days with no more than 14 days of continous visitation. There is a question of familial status as well. Thank you for the help
My HOA has been accused of selective enforcement. What is that, and how do I overcome the accusation?
Our condominium association owes a lot of money to contractors and vendors. One contractor recently obtained a large judgment against the association. Is filing for bankruptcy a viable option for us?
A couple of our unit owners in our condominium association have had trouble selling their units because our association is not FHA certified. Our Board is considering applying for FHA certification. What are the requirements?
If a homeowner files for Chapter 7 bankrupcty, can the association attempt to recoup the unpaid association dues from the homeowner?
The association’s governing documents state the date of the annual meeting and the information related to the meeting is also posted on the association’s website. Is this sufficient notice of the annual meeting?
Is a board member who was appointed by the board to fill a vacancy up for election at the next annual meeting or does he complete the term of the board member whose position he filled?
We are conducting our annual meeting of owners. Can we immediately hold a board meeting? Do we close the owners’ meeting and then convene as a board meeting?
In our monthly board meetings, are we required to follow "Robert's Rules of Order" at every meeting?
Property Maintenance and Capital Improvements View >
This is an outline of a presentation given at the 2011 CAI - IL Trade Show. This presentation outlined the process of identifying maintenance issues, determining the legal responsibility for these issues, and the ways to pay to resolve these issues.
2014 edition of the Illinois Condominium and Community Association Law book View >
This booklet contains the entire text of the Illinois Condominium Property Act and the Illinois Common Interest Community Association Act. We also have included selected provisions from the Illinois General Not for Profit Corporation Act of 1986, selected provisions from the Illinois Code of Civil Procedure and the entire text of the Illinois Community Association Manager Licensing and Disciplinary Act and Illinois Homeowner's Energy Policy Statement Act. We hope you find this booklet to be a useful resource.
10 Things You Should Know About The Common Interest Community Association Act View >
Important facts about CICAA
An Overview of the Common Interest Community Association Act View >
Information regarding CICAA
Fair Housing Laws....Is Your Association Being Fair? View >
Informative article about fair housing laws
The Importance of Having Recorded Copies of Your Association's Governing Documents View >
Do you understand the importance of having a recorded copy of your association's governing documents? Learn why it is a must for board members, managers and legal counsel to be referring to a recorded copy of the Declaration, Bylaws and Amendments.
Declarant's Rights and Unfinished Communities View >
Homeowner's rights in unfinished communities
Contact Keay & Costello, P.C.
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