Define bylaws and its relevance in real estate Bylaws are a set of rules and regulations that govern the operations and conduct within a particular organization or community. In the context of real estate, bylaws establish guidelines and standards for property owners, tenants, and other stakeholders.
Can you refuse to join a Homeowner's Association? The short answer is yes. Under the law, all homeowners are qualified to join a HOA, but they are not required or mandated to be members. Membership is optional unless it's stipulated in the Deed of Sale or relevant documents are annotated in the title of the property.
Simply put, homeowners association bylaws dictate how an HOA should run. Since HOAs are considered corporations under law, albeit non-profit, they require bylaws to govern day-to-day operations. HOA bylaws are also sometimes referred to as neighborhood association bylaws or subdivision bylaws.
HOAs have the authority to regulate common areas and collect charges for their maintenance. They can also impose fines and foreclose on homes for unpaid liens. However, there are limitations on their powers. For instance, they cannot prohibit the display of the American flag or restrict certain religious practices.
They contain the basic rules for the conduct of the corporation's business and affairs. The bylaws may contain any provision for managing the business and regulating the corporation's affairs that is not inconsistent with statutory law or the corporation's Articles of Incorporation.
Florida House Bill 59 further enhances transparency by requiring HOAs to provide all members with copies of the association's rules, covenants, and restrictions. These documents must also be posted on the association's website, making it easier for you to stay informed about the governing rules.
Simply put, homeowners association bylaws dictate how an HOA should run. Since HOAs are considered corporations under law, albeit non-profit, they require bylaws to govern day-to-day operations. HOA bylaws are also sometimes referred to as neighborhood association bylaws or subdivision bylaws.
Most homeowners associations are governed by either the Illinois inium Property Act or the Illinois Common Interest Community Association Act.
Can an HOA Evict a Homeowner? Yes. Under Illinois state law (765 ILCS 605/9.2), a homeowners' association can 'evict' a member from their unit in order to recover past due assessments. If your community is considering eviction as a remedy, an experienced Chicago HOA/condo lawyer can help.