The inium bylaws govern the structure and operation of the association. They contain information regarding board meetings, elections, board terms, voting procedures, and the like. The bylaws are more about the management of the association than the rules that govern it and its members.
The bylaws go into detail about individual roles, terms, how to elect the President, and may list board powers one by one. The Declarations define the use and occupancy rules of the units and common areas. Condo bylaws outline the remedies for breach of these rules.
Sec. 33. Limitations on the use of smoking cannabis. The inium instruments of an association may prohibit or limit the smoking of cannabis, as the term "smoking" is defined in the Cannabis Regulation and Tax Act, within a unit owner's unit.
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.
What are association bylaws? Simply put, association bylaws are the legal guidelines for internal operations that an association needs to follow. They include the rules, regulations and processes that map out how to run an association day-to-day.
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%.
Simply put, homeowners association bylaws dictate how an HOA should run. Since HOAs are considered corporations under law, albeit non-profit, they require bylaws to govern day-to-day operations. HOA bylaws are also sometimes referred to as neighborhood association bylaws or subdivision bylaws.
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.
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.
Most homeowners associations are governed by either the Illinois inium Property Act or the Illinois Common Interest Community Association Act.