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
Can you sue your HOA in Illinois? Yes, in Illinois, homeowners have the right to sue their HOA for violations such as discrimination or breach of fiduciary duties. It is important to seek legal advice and understand the specific laws and regulations in order to pursue legal action successfully.
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.
An Illinois HOA is governed by a board of directors, typically composed of unit owners elected by the membership. These board members have the power to enforce the governing documents, manage financial affairs, and maintain common areas.
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.
General amendments to inium instruments are governed by Section 27 of the Illinois inium Property Act, which states that an affirmative vote of 2/3 of voting unit owners must approve amendments, unless the inium instruments provide for some other majority vote somewhere between 50% and 75%.
The administration and functioning of HOAs in the state are governed by the Illinois Common Interest Community Association Act. In homeowner's associations with detached or attached townhouses, single-family houses, or villas, this provision is applicable.
Your governing documents will usually tell you who qualifies as a member. For a majority of HOAs, members are those who own lots or units within the association. This means that only those whose names appear on the unit or property title can attend.
When Should HOA Meeting Minutes be Distributed? HOA meeting minutes should typically be distributed to all HOA members within 30 days of the meeting.