Condominium Bylaws Condo Association Format In Illinois
Description
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FAQ
Again, the CC&Rs set out the rules of the HOA community. They describe the requirements and limitations of what you can do with your property. The goal of the CC&Rs is to protect, preserve, and enhance property values in the community. The bylaws, on the other hand, govern how the HOA operates.
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.
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.
Ing to the Illinois inium Property Act (765 ILCS 605/17), any changes must be made through a formal amendment, which must be properly documented and officially recorded to be legally valid. Once recorded, an amendment takes effect immediately unless it specifies a different effective date.
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.
House Rules are different from Bylaws in that they can be implemented and changed by the Board of Directors without the need for unit owner approval – which means that they can be changed more easily. Bylaws will very often set forth restrictions on the use of units in the condo.
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.
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.
In for-profit corporations, almost 60% of respondents said corporate boards should have 8-11 members. For larger companies, boards typically fall in the 9-12 member range (Biggs, The Governance Factor ). Some sources argue strongly for an odd number of voting board members, so that tie votes can be all but eliminated.
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.
