When that happens, which one takes precedence? HOA rules cannot override state law. In an HOA, a rule that tries to override a state or local law is considered void and unenforceable.
With this in mind, there should be at least three (3) board members. The Illinois General Not For Profit Corporation Act states that a corporation must have at least three (3) directors. If an HOA is organized as a nonprofit corporation, this may apply to them.
Generally speaking, the declaration is the document that creates the inium. The bylaws spell out the day-to-day operations of the association. If your association is more than 10 years old and the bylaws have remained unchanged, board members may want to consider making updates.
Exploring the Public Record Status of HOA Bylaws In some states, such as California, HOA bylaws are considered public record and must be made available upon request. In other states, such as Virginia, HOA bylaws are not considered public record and therefore are not required to be made publicly available.
It is typically created by the developer of the inium and is recorded with the local government as a part of the inium's legal documents.
Inium associations in Chicago are primarily regulated by state law, specifically the Illinois inium Property Act (ICPA). This act governs the creation, management and dissolution of iniums in Chicago and throughout Illinois.
Most HOA documents are public record, including governing documents. Some states only require the HOA to make certain documents public, while others can be kept confidential.
The By-laws are a contract between the condo association and the owners.
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.
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.