Illinois Conduct Policies for Board Members
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FAQ
Sec. 18.4. Powers and duties of board of managers. The board of managers shall exercise for the association all powers, duties and authority vested in the association by law or the condominium instruments except for such powers, duties and authority reserved by law to the members of the association.
HOA and condo board members should know, though, that they are not completely immune from personal liability. If the court finds that a board member engaged in fraudulent or malicious behaviors, they will be held accountable for their actions.
Your recourse in this case is either (i) political, i.e. present your situation to your neighbors and secure their support. Or (ii) legal, through the filing of a lawsuit to compel the Association to fulfill its duty to prevent damage to your unit from a defect in part of the common elements of the Condominium.
Sec. 18.4. Powers and duties of board of managers. The board of managers shall exercise for the association all powers, duties and authority vested in the association by law or the condominium instruments except for such powers, duties and authority reserved by law to the members of the association.
The purpose of this Code of Personal Conduct (Code) is to: Ensure that State employees are conducting the business of the State in an honest and respectful manner. Promote accountability to the taxpayers and the people of Illinois. Promote honest and ethical conduct and fair dealing.
Usually, Houillon says, there must be a minimum of three board members, and the number can increase based on the size of the building or HOA and interested parties. Unless a building doesn't have a management company, the specific titles of the individual board members don't matter much.
[The condominium corporation may of course be liable for the decisions or acts or omissions of the directors? but the directors won't generally be personally liable unless they do something that goes beyond their normal roles as directors.]
In Illinois, Section 22.1(a) of the Illinois Condominium Property Act describes the information that the owner must obtain from the board for inspection by a prospective purchaser, upon demand, in the event of any resale of a condominium unit by a unit owner other than the developer.