Enforcing Rules(IL HOA) and fining process

Started by ReneeD • 3 replies • 1123 views

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ReneeD (Illinois)
Posts: 201

Posted:

Neither our Decs/Bylaws reference the use of commercial vehicles that can park in our driveway; however, our BOD adopted (Homeowner Rules/Regulations) a rule that NO commercial vehicle of any type may be parked in our driveway. Currently, our Village Ordinance does not prohibit parking commercial vehicles on residential driveways as long as the vehicle is parked either alongside that residence or is not creating an obstruction to traffic. Also, I was under the impression that homeowner rules cannot contradict village ordinances and/or DECs.

From what I've heard, homeowners have given up and are being fined 'left and right' even after presenting their case to the BOD most without due process.

I would be interested in hearing your ideas or solutions to our HOA. Thanks. -ReneeD

KirkW1 (Texas)
Posts: 1,665

Posted:

If your BOD is not responding or representing the community, then the cheapest solution is to recall the board. Read through your by-laws carefully and you will probably find the stipulations to recall the board. This won't be an easy process, but it can be done.

Normally you must get a certain percentage of people to sign a petition for a recall. Then you must have a quorum present and enough votes for the recall. To this end, I would leave as little to chance as possible. Meaning you need to be prepared for two rounds of signatures. The first round is collecting people's signatures to recall the board. The second round consists of getting proxy votes. When collecting the proxies, let people know that they can sign a proxy and still show up to exercise their vote. If they show up and have previously signed a proxy, then the proxy becomes null.

You may also want to create your own proxy form following the lead from large corporations. They often have a place for you to mark your vote for major items. This turns the proxy into a kind of early voting method. Of course they won't get to choose the replacement board should you be successful (unless that is done at a later meeting).

BrianB (California)
Posts: 2,820

Posted:

I will tackle a second issue in your post: you are correct, a lower "lawmaking" body cannot contradict the laws made by a higher body.

However, you have to look very carefully at what each body of "laws" is saying: for example, if the village statute said that "it shall not be illegal to park a commercial vehicle in any legal parking area otherwise available for non commercial vehicles", then your HOA would have a difficult time making it illegal to park a commercial vehicle in a street, etc.. (it's still possible, just much tougher). However, if the village is simply "silent" about it (ie, they don't have a law that prohibits it, so it must be okay), then your HOA can easily put in place a rule that is stricter, and enforce a prohibition against parking commercial vehicles.

MikeC6 (Illinois)
Posts: 30

Posted:

I would think the village rules are for the streets and if there was not a rule in the original Decs, then the board can't make up a new rule without getting 75% approval from all homeowners. Check and see if there is a rule in your decs on how a new rule or an existing rule can be changed or added.

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