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.
Buying a condo affords you certain rights such as exclusive ownership of your unit, the authority to rent or lease the unit, and the freedom to use shared facilities without fees. To have a pleasant condo living experience, keep in mind these legal rights for condo owners.
Most governing bodies also don't take complaints unless they are specific to their jurisdiction or have evidence to back up their claims. If a homeowner suspects their HOA is doing something illegal, it is best to report it to local authorities. Other than that, homeowners may need to seek advice from a lawyer.
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.
Sec. 4.1. Construction, interpretation, and validity of inium Instruments. be deemed to have the meaning specified therein unless the context otherwise requires.
While board members are not typically held liable for the debts or obligations of the corporation, they can be held liable for their own wrongful acts. For example, if a board member commits fraud or misappropriates corporate funds, he or she can be held liable for those wrongful acts.
Much like an HOA, an elected board of volunteers runs the inium association on behalf of all owners. Both are set up as a non-profit corporation and have governing documents that include the declaration, bylaws, rules, articles of incorporation, and other materials that govern the day-to-day operations.
As a board member, you could be held personally liable for the decisions and actions of the board, even in the case of impropriety on the part of other members. A lawsuit might name everyone at an organization, including board members, before a determination is made.
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.
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.