This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Bylaws Of Homeowners Without A Board In Chicago
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Multi-State
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Chicago
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US-00444
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FAQ
HOA Board Membership Numbers Typically, a board needs at least three members, but the maximum size will depend on state laws and the governing policies. HOA boards can expand where the demands and scope of the association increase due to new homes in the neighborhood or a larger number of residents.
To legally establish an HOA in Illinois, the organization must submit Articles of Incorporation to the Illinois Secretary of State. The Illinois General Not For Profit Corporation Act of 1986 governs nonprofit corporations.
Understanding HOA Receivership What happens if no one runs for the HOA board? The association will likely go into receivership. Any homeowner or creditor can take legal action against the HOA. Once it is clear that no one on the board will serve as the association's representative, the court will appoint a receiver.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
Attendance of 20% of the voting power constitutes a quorum. Notice of association meetings must be given at least 10 days before a meeting but no more than 30 days, and at least 48 hours' notice must be given for meetings of the board of directors.
In for-profit corporations, almost 60% of respondents said corporate boards should have 8-11 members. For larger companies, boards typically fall in the 9-12 member range (Biggs, The Governance Factor ). Some sources argue strongly for an odd number of voting board members, so that tie votes can be all but eliminated.
Corporate bylaws are legally required in Illinois. Illinois statute §805 ILCS 5/2.20 requires that bylaws be adopted either by shareholders at the first shareholder meeting or by directors at the initial director meeting.
The Illinois General Not for Profit Corporation Act, which governs the vast majority of associations, requires that the board of directors of a corporation consist of three or more directors with the number of directors established in the bylaws.
Understanding Illinois Homeowners' Association Law AspectKey Takeaway HOA Powers Power to regulate common areas, collect charges, levy fines, and foreclose on homes for unpaid liens. Entry to Property Most governing documents allow HOA entry to homes for maintenance under certain conditions.6 more rows
Most homeowners associations are governed by either the Illinois inium Property Act or the Illinois Common Interest Community Association Act. Which law applies to your community depends on whether the homeowners association is a inium association.