Condo Association Management Blog

iST STEP IS TO READ YOUR BYLAWS-THEY MAY CONTAIN LIMITATION ON NUMBER OF YEARS A BOARD MEMBER MAY SERVE. tHEY SHOULD ALSO CONTAIN INSTRUCTIONS OF HOW TO IMPEACH A BOARD MEMBER. YOU COULD HOLD MEETING WITH DISATISFIED UNIT OWNERS AND SET UP IMPEACHMENT PROCEEDINS 
 
YOUR BY LAWS SHOULD ALSO HAVE WORDS ABOUT BUDGET. 
 
yOU SHOULD DOQWNLOAD COPY OF YOUR STATE'S CONDOMINIUM ACT. TO FIND IT PUT THIS INTO YOUR BROWSER 
 
 
 
(NAME OF STATE)CONDOMINIUM ACT 
 
 
 
yOU WILL FIND THAT YOUR CONDOMINIUM MUST HIRE A PROFESSIONAL MANAGEMENT COMPANY TO SUPPORT YOUR OPERATION. THIS CONDOMINIUM IS THE LAW IN YOUR STATE AND YOU MUST COMPLY WITH ITS PROVISIONS. 
 

Hi 
 
I don't know if I can help but back in feb/Mar we had almost the same problem. No meeting for 3 years and no financial reports either. The building needed some updating and we began to hear that there were a few behind in the dues. 2 of us started a petition to hold a meeting and when the president found out what we were up to she immediately sent out a letter for a meeting (only to out do what we were about to do). 9 people showed up out of 15 and we decided to go with management service after we were told no money in account and a few were much behind in their dues. Proceedings were started and they had leins subject to them for the back money. That was March and we had 2 meetings to stay updated since then. At that time the 3 board members stepped down and the president said she would stay until the management service kicked in. The president was not our problem it was the other 2. It is now the middle of August and she is still our President with the other 2 still residing on the board, as we have not had a meeting to hold voting for new board members of which we only need 2 due to management. I am waiting until the end of Aug for this service to take over and if not I will be sending another letter to the President asking WHY it is taking so long for this to turn over. If anyone can tell me why it takes so long (4) months to get this thing taken care of, then maybe I will understand. In the mean time if this does not happen then we are going to have to move to a lawyer I would guess. I am not happy with the boad members stepping down and still playing out their roles. When I ask the president any questions of why the fire ext are still not updated, or the lights to all exits are not lite she tells me the same thing that she is busy. STOP! If you cannot full fill your duties then get out of the Kitchen! 
 
Please keep me informed of what you are doing with your board I would appreciate it and I will do the same. Thanks  
 
I hope someone else has some answers to these questions. BY-laws in my state say 3 years for board members. It has been 5 for us and still going. Pa. is my state

Apart from the legal suggestions already made i.e. making yourself thoroughly familiar with your own bylaws as well as the state or province laws that govern condos in your area you may consider a new approach. 
 
It appears that the majority of your owners is preoccupied with their own life's and not much inclined to participate in the building politics. Otherwise they may have ended your chairwoman's reign a bit earlier.  
For someone in power it is hard to let go. While she may not like her position in terms of what it costs her she does appear having a hard time letting it go. I suggest you send a note to each owner stating your own ideas, plans and strategies to bring change to the association. I would be very clear to make sure it is understood that some of the neglect may effect everyone beyond mere personal comfort.  
They may decide to elect you or make demands on her. But suggest to not get tangled in nasty emails or heated personal exchanges. That only brings the element of kindergarden fighting 5 years olds in to it.  
 
I wish you good luck and a great meeting.

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2200&ChapAct=765%26nbsp%3BILCS%26nbsp%3B605%2F&ChapterID=62&ChapterName=PROPERTY&ActName=Condominium+Property+Act. 
 
 
 
I am in IL and I am not aware of any new legislation and I have been working with lawyers for the last year as I have same problem.. However the act states you have to be 80% owner occupied! Do you have rentals and foreclosures? We do which is why the communities hands are tied! We are not 80% owner occupied! We have many rentals and empty units that are bank owned or not being lived in. Our president runs unopposed as well and causes most of the legal CIVIL problems in our community. She also ratified her term for two years with out a vote of the community but in IL all you need is 2/3rds BOD vote.. We only have two board memebers! No one wants anything to do with her. What ILCS legislation are you speaking of? I am interested to know...

As a professional, I recommend you read your documents, particularly your by-laws. I have an aunt and uncle who own a condo in Illinois, so I have become familiar with those documents as well as Michigan documents. 
 
Typically, most documents call for a board of directors with staggered terms. The Association is obligated to have an annual meeting every year. There should be requirements in your documents on what constitutes a quroum, or the amount of homeowners necessary to have an official meeting and be able to elect officers. The intention of the yearly meeting is for officers to report to the association and for the associatino to elect directors as terms expire.  
 
Your documents should also have sections on how to recall directors. 
 
What most don't understand is that unless your documents specifically state otherwise, most elect directors. The directors then appoint the officers. The directors would then determine officer removal. In most cases, directors volunteer for officer roles instead of appointing outside persons or each other. Typically, only the president is required to be a director and an officer, but documents vary on this. 
 
The president does not have any additional power than any other director. They can be outvoted. The president's main responsibility is to chair board meetings as well as meetings of the community and to be the CEO of the board. 
 
Decisions are to be made by the group, who are the voice of the members. 
 
People look for someone to blame, which usually falls on the president because of the title. Knowing how the group is supposed to be organized and the functions of those in the organization is the first step to solving many of the issues for the community.

I forgot to mention you also have to petetion the community and have 68% of the community sign petetion. Then present it to management company. Then it gets addressed at next board meeting and goes to offical vote. At which time everyone who signed must appear and vote for the removal of that board memeber.

Is it possible for someone to request withdrawing from an association? I live in a free standing house/condo of a small association of 11 homes and am very dissastisfied with how it is managed. Any chance at all I can get out of it without selling?

The answer to MC question is "NO" 
 
Everyone that owns a unit in an HOA is a member. Everyone should be paying condo or HOA fees to help defray the cost of other bills that the association needs to pay from the condo dues. 
 
People don't understand that there is many bills within the association that need to be taken care of, Now who might you think is suppose to pay these bills? In our association there is not just the normal bills but the electric is on a separate line for the parking lot lights and building and hallway lights. Who is responsible for this bill? Well that would be the members, and then you have insurance, garbage, water from the laundry rooms, etc etc etc. It is not easy to run association, but what pisses me off is that when something needs fixed they don't want to fix it WITH OUR MONEY. From reading this site and the complaints I see that many HOA have the same on-going problems and I wished there was a way that our state reps could solve this. We have rules and we have regulations, but what good are they when there is presidents, managements services and sec/treasurers that keep fumbling up the books and think that our money is their money. We ask for meetings and don't get them, and then we are put on hold time and again. If we withhold our dues they slap a lein on our property plain and simple. Just where do we go for the help we need. I can see why members turn their backs on stepping up to the plate. 
 
From my other posts I will state again "I WILL NEVER BUY INTO A HOA EVER AGAIN." So to your answer MC it would be No so you may as well sell to get out of it. I will wait for the econmy to move upwards and I will be selling! There are 2 units up for sale right now in my HOA and nobody has even come close to looking at them. 
 
Good Luck!

The new Illinois legislation: Public Act 096-1400 will provide you with the most current information.

As stated, you should become thoroughly aquainted with your condo docs and the regulations of your state.  
 
I think you need to get the other owners involved by appealing to their financial interests. This is their money, this is their home and this is their investment. By turning everything over to the Board does not absolve them of responsibility for the good management of their building or their assets. 
This association in Illinois links to the condo act http://www.cai-illinois.org/Illinois-Condo-Act~24835~264.htm 
 
From the same organization a list of resources http://www.cai-illinois.org/CAI---Illinois-Resource-Library~6769~264.htm 
 
http://www.cai-illinois.org/doc/toc.asp?assn_id=264&doc_id=13630

Can an association board expunge a board members criminal record and we pay for it?

I think that some condo boards seemed to look at the condo funds as their own. 
I own a condo in the Bayview Area in Toronto. Three year ago a group of young men tried to break in at 2 A.M. When my front door was open people would just come in as if it was their place. The reason the door is sometimes open during the day is due to the only source of fresh air in the room. After complaining to the Property Manager, we already had 4 in 3 years. I just wanted a gate to stop the intruders. At the same time intruders tried to break on the garden side. Two weeks later a gate was installed and flashing lights. 
The conclusion was that this was done to prevent intruders "WHEN THEY HAVE PARTIES IN THE BACK". In my case I have to buy my gate, maintain it and add it to my condo deed.  
Is that normal. I already condo fees. 
Thanks

Ah, condo's...I live in one... It was a mess for years with a President who thought the property was hers. No one would go against her...Management company was terrible...didn't respond to homeowners. Same scenario years later, except new management company with new board members who are not aggressive and listen to the management company and still takes forever to answer a homeowner question. Board's need to realize they represent the homeowner.....not themselves and when there is a problem it should be taken care of...title's goes to everyone's head or no one wants to fix anything that you pay your fees on...it is a neverending circle, best thing is to stay out of everything and hope you never have a problem...

In Illinois, does the Board President have a vote? We have a Board President who thinks he has the last say. 
 
I was told that the Board President does what the Board decides.