Bylaws For Condo Association In Illinois
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Most homeowners associations are governed by either the Illinois inium Property Act or the Illinois Common Interest Community Association Act.
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
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.
The regulation of Homeowners Associations in Illinois falls under the oversight of the Illinois Department of Financial and Professional Regulation. However, HOAs are also subject to federal laws and regulations, as well as their own governing documents.
Iniums associations are considered corporations in the eyes of the IRS. As such, they are required to file an annual tax return (either an 1120 or 1120-H). Condo associations showing taxable income on their federal returns are also required to file an IL-1120 with the state of Illinois.
Understanding HOA Receivership What happens if no one runs for the HOA board? The association will likely go into receivership. Any homeowner or creditor can take legal action against the HOA. Once it is clear that no one on the board will serve as the association's representative, the court will appoint a receiver.
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 ICPA requires that all Chicago condo boards elect a minimum of three managers to serve on their association board. This must include a president, who leads meetings and membership; a secretary, who manages board minutes; and a treasurer, who tracks the associations' finances.
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.
