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On the flip side, board members can be held personally liable if they engage in illegal activities, breach their fiduciary duties or personally benefit from association transactions.
Most homeowners associations are governed by either the Illinois inium Property Act or the Illinois Common Interest Community Association Act.
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.
Annual Meeting 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.
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
When a homeowner sues the HOA board or condo board members, they can use the Business Judgement Rule to protect themselves from liability. Under this legislation, the board of directors is immune from personal liability if they can prove that their actions or decisions were reasonable and made in good faith.
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.
Most homeowners associations are governed by either the Illinois inium Property Act or the Illinois Common Interest Community Association Act.
Homeowners can file a complaint against an HOA by contacting the Illinois Department of Financial and Professional Regulation. The state offers a dispute resolution service for certain issues, or legal action can be taken.
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.