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Subject:  Illinois HOA Cooperative but Uncooperative about Board Meetings !!
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FredG3
(Illinois)

Posts:6


01/12/2018 2:27 PM  
I am resident of a HOA located in Illinois , with a Board that apparently figure this will go away sooner or later with my request of Board meetings to be viewed or copies made. Ok I did the process of sending a request in US Mail , after sometime and hurdles to jump via letters to the Board they finally granted me that of viewing the minutes. Here is where the tricky part is , the By Laws state during"made available during Business hours" . Correct me if I am wrong but aren't Business hours 9:00 am - 5:00Pm , which is when I can view them . I was just notified that no one was available during the day" Business Hours" to allow me to view, they all work. As a note I don't and never have attended any meetings due to my schedule.Thats when they offered me to view them .


Any suggestions on how to get thru this dilemma , additionally I suggested to them I would provide a email to resolve the matter, that went over real big with no answer.


Thanks in advance for any constructive comments .


MelissaP1
(Alabama)

Posts:7475


01/12/2018 4:11 PM  
It doesn't sound like you have an MC but individual VOLUNTEER board. Which means very much like they do work for a living during the day. So traditional business ours do not apply. Which are typically 6 am to 6 pm. (Worked in a 24 hour facility for years and this what we considered working time due to time zones).

So I would ask to make arrangement with someone who can take a meeting with you. It may be on the weekend or in the evening. Now if you had an MC then I would expect to be able to observer normal time.

Former HOA President
MichelleK5
(New York)

Posts:158


01/16/2018 8:13 AM  
Business hours are determined by the company, not by what we commonly think of as "business hours." So it's not 9 to 5, or 6 to 6. It's whatever each specific company lists in whatever documents/licenses are required for their business.
And yes, someone from their company is obligated to be available during those hours.
FredG3
(Illinois)

Posts:6


01/16/2018 12:37 PM  
Thank you MichelleK5 - for your feedback , but here is the problem , this is all Volunteer Board and they all work full time supposedly . This is around forty unit association, although the President receives a paid amount for the office not sure what responsibility he has since he is on a payroll.. I have asked the Board since I am unable to attend meetings in the evening , (1. to make copies which I would pay a reasonable fee, (2. asked to send them electronically 3) upon there request send them days and time for a sum total of over 30 day hours and denied of this dates for viewing. Kinda looking for some other suggestions as. My next suggestion and stop me if I am off track on this , but to suggest a most recent President get the authority to do this viewing of the minutes during the day business hours since he is retired anyway and home all day. It almost seems to be a trust issue or something of that order . I would think the President would have a author-ity to appoint a delegate to authority them to carry out a Association Task. I would think it is in the Best interest to avoid any conflict unnecessary to the association. Any constructive thoughts on this matter.
JohnC46
(South Carolina)

Posts:7594


01/16/2018 2:27 PM  
Fred

What is your end game? What are you looking for?
TimB4
(Virginia)

Posts:15823


01/16/2018 4:30 PM  
Fred,

Three questions:

1) Is the President receiving W-2s?
If not, they need to.

2) Is the President paying their share of assessments or is the "salary" a discount in assessments?
If it's a discount, it's probably a violation of the CC&Rs. Either way, W-2s need to be issued.

3) Is the Association properly witholding taxes and paying their share of taxes as an employer?
If not, this can be a big issue with the IRS (both federal and state).
RichardP13
(California)

Posts:2734


01/16/2018 4:34 PM  
Posted By TimB4 on 01/16/2018 4:30 PM
Fred,

Three questions:

1) Is the President receiving W-2s?
If not, they need to.

2) Is the President paying their share of assessments or is the "salary" a discount in assessments?
If it's a discount, it's probably a violation of the CC&Rs. Either way, W-2s need to be issued.

3) Is the Association properly witholding taxes and paying their share of taxes as an employer?
If not, this can be a big issue with the IRS (both federal and state).



They could also be 10099 contractors, where the employee is responsible for the taxes.
FredG3
(Illinois)

Posts:6


01/16/2018 8:48 PM  
I will use the last posting to reply to TimB4, RichardP13.
In reference to items 1) President receiving any compensation will be further looked into and the w-2 issue. 2) SALARY or compensation discounting his assessment ( violation CC&R ), also will have to get that answer. 3) Association withholding taxes as an employer , leaving employee responsible to paying taxes.

Understand all this information and now will have to put in motion . Will work on these items and maybe some resolution will get a better outcome form such a uncooperative board.

The last option would have a Lawyer draft a soft letter as a reminder of the By Laws . In reality I would be suing myself if I had it moved to any litigation.


Any Thoughts or constructive criticism appreciated.




Thanks ..........
TimB4
(Virginia)

Posts:15823


01/16/2018 8:55 PM  
Just some reference material:

IRS 20 Factor Test – Independent Contractor or Employee?

Understanding Employee vs. Contractor Designation IRS website

Employer's Supplemental Tax Guide
TimB4
(Virginia)

Posts:15823


01/16/2018 8:57 PM  
Posted By RichardP13 on 01/16/2018 4:34 PM

They could also be 10099 contractors, where the employee is responsible for the taxes.




Granted, they could be an independent contractor.
In that case, better have a contract.


Of course, most Association documents I have read requires that the President also be a Director. If this is the case, I think the argument for being an independent contractor is weakened because it can't be filled by just anyone. It has to be filled by a member of the Board.
FredG3
(Illinois)

Posts:6


01/16/2018 9:00 PM  
TimB4 , thank you for the links and will try to find out if independent contractor is the case.

Thank you again
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