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HELP! anyone!! especially A REPLY FROM LISA(IL) or Robert ASAP!

Started by ReneeD • 14 replies • 1853 views

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ReneeD (Illinois)
Posts: 201
Posted:
I have searched high and low and cannot find anything to support this but here goes....

Our Homeowner Rules and Regulations Manual has been updated and recently mailed to all homeowners; as of this writing I have not received mine but, the BOD is having a meeting this Thursday night(8/17) and their plan is to approve/adopt this "revised" edition. QUESTION: Isn't there supposed to be an alloted time that homeowners are to be given to review and/or discuss and then vote to approve in order for the BOD to adopt???? If so, I haven't found this in our Decs and, am desparate to know specific location I could find in our (Illinois) governing documents to support this.

Also, if I find any new rule/statement in this document that contradicts our Decs/Bylaws or Village ordinances, do I have a right to "motion" for its demise or have it put to a vote of the general membership at our upcoming Annual Election which is on August 31st?

If anyone is up to this challenge beside Lisa or Robert, I welcome your input and/or pointing me in that direction. Thanks, in advance.... ReneeD
GeraldT1 (<Not Specified>)
Posts: 519
Posted:
ReneeD,

The Illinois Open Meetings Act does not apply to governing bodies of private or not for profit corporations, of which HOA's are. However, if you're interested, go to the following link and click on Guide to Open Meetings Act http://www.illinoisattorneygeneral.gov/government/open_meetings.html

First, call the management company (MC) and get a copy of the new rules and regs. Better to know what the new rules are prior to the meeting. Just because you did not get your copy, does not mean whole the process of adopting the new rules can be invalidated. Mistakes happen.

Adequate written notice, of time, place, and agenda to the extent known is what you are referring to. Are you sure your by-laws don't spell out the procedures for adequate notice? You already know the agenda (approve/adopt the "revised" edition) in advance so it sounds like your board is in compliance.

In answer to your question, NO, the individual owners would not normally vote on the rules and regs., rather the boards would, unless of course your gov. docs require a 2/3rds vote on rules, typcially this is not the case.

However, if your meeting has an open forum portion, certainly voice your feelings in a respectful way.

GeraldT1
NNJ
JoelM (Ohio)
Posts: 10
Posted:
Why don't you just ask the community manager or a board member for a copy and review it before the meeting, or borrow a copy from your neighbor? Are you assuming they changed it in a way you do no like? I believe you can just google the Illinois statutes governing this issue. Also, you can just go to the meeting and ask your questions in the appropriate manner made available. If you get a copy, you should be able to review it before the meeting.
JanM (Texas)
Posts: 142
Posted:
Rules and regs can only be changed by a majority vote of the HOMEOWNERS!!! They also have to be filed at the county courthouse or they are not valid. It should state this in the current regs or by-laws.
GeraldT1 (<Not Specified>)
Posts: 519
Posted:
JanM,

Where is your sighting, that a majority vote of the homoewners can only change rules and regs., taken from?

GeraldT1
NNJ
WilliamT (Arizona)
Posts: 489
Posted:
Our CC&R's state that the Board may, subject to the provisions of this Declaration (CC&R's)adopt, appeal and repeal rules and regulations. The rules may not discriminate among homeowners and shall not be inconsistent with the Declaration, Articles, or Bylaws. The new rules become effective when they are recorded with the County Recorder.

Since the Board has this authority, the members do not vote on it.

However, a Board could and probably should send a questionaire to all the homeowners to get opinions on proposed chages prior to adopting the final draft. But it is not necessary in our case.

If you read each section of your CC&R's and Bylaws, you may find that your Association has a similar section.

Someone else gave good advice and that is to get a copy of the rules and study them prior to the meeting. Study the CC&R's, and Bylaws to see if any rules conflict.

If the documents give the Board authority to adopt and amend the rules, then as long as they are not in conflict with any governing documents or state and local laws, the homeowners must abide by them after they are recorded (if recoding is required). You do have the right to express your opinion on any rule that you feel is in conflict, or that may not be reasonable for your community at this period of time.

WilliamT (Arizona)
Posts: 489
Posted:
Our CC&R's state that the Board may, subject to the provisions of this Declaration (CC&R's)adopt, appeal and repeal rules and regulations. The rules may not discriminate among homeowners and shall not be inconsistent with the Declaration, Articles, or Bylaws. The new rules become effective when they are recorded with the County Recorder.

Since the Board has this authority, the members do not vote on it.

However, a Board could and probably should send a questionaire to all the homeowners to get opinions on proposed chages prior to adopting the final draft. But it is not necessary in our case.

If you read each section of your CC&R's and Bylaws, you may find that your Association has a similar section.

Someone else gave good advice and that is to get a copy of the rules and study them prior to the meeting. Study the CC&R's, and Bylaws to see if any rules conflict.

If the documents give the Board authority to adopt and amend the rules, then as long as they are not in conflict with any governing documents or state and local laws, the homeowners must abide by them after they are recorded (if recoding is required). You do have the right to express your opinion on any rule that you feel is in conflict, or that may not be reasonable for your community at this period of time.

JanM (Texas)
Posts: 142
Posted:
I'm in TX and the info is in our property codes ch.204.
GeraldT1 (<Not Specified>)
Posts: 519
Posted:
JanM,

Your sighting is specific to your property codes in Texas. How do you know ch. 204 applies to ReneeD's original post?

GeraldT1
NNJ
ReneeD (Illinois)
Posts: 201
Posted:
I would think that our Decs/Bylaws are superior to our Rules and Regulations and should trump any changes; that they should not contradict what is stated in those documents. Also, our Decs/Bylaws have not been updated in over ten years. I don't believe "proper" notice has been give and the reason I know of these changes is because it was mentioned in our website's newsletter---I am one of 34 homeowners out of 258 that know of this update; a neighbor whom I know hasn't received this in her mail. How can they enforce any rules if our Decs haven't been updated? In the meantime, I will keep checking resources mentioned in this thread. I welcome any more ideas/suggestions you may have. -ReneeD
ReneeD (Illinois)
Posts: 201
Posted:
One other thought---if per chance our BOD does approve/adopt these Rules/Regs at this Thursday's meeting, our Annual Election/Homeowners Meeting is right around the corner on August 31. Since this is a homeowners meeting, I would think we homeowner(s) can motion to accept or kill any rule that the BOD adopts then at this Thursday's meeting? -ReneeD
GeraldT1 (<Not Specified>)
Posts: 519
Posted:
ReneeD,

Unless stated otherwise, homeowner's motions would be out of order on topics the board can ratify. Plain and simple. Seems you are advocating that homeowners vote on issues. There are various posts on HOATalk relating to this topic.

Please answer YES or NO to William T's points as follows: 1) Do your CC&R's state that the Board may, subject to the provisions of your Declaration (CC&R's)adopt, appeal and repeal rules and regulations? 2) As well, the rules may not discriminate among homeowners and shall not be inconsistent with the Declaration, Articles, or Bylaws.

GeraldT1
NNJ
ReneeD (Illinois)
Posts: 201
Posted:
Your point is well taken but if there is a provision made in the rules and regs that a majority of homeowners do not agree upon and/or conflicts with our Decs/ByLaws because the latter are so totally outdated, I would think that a Board who listens to its homeowners would allow for the homeowners to vote and be taken into consideration by the Board if needed and then to amend/adopt as appropriate. And, the answer is Yes to both WilliamsT's points/your inquiry that the Board has the authority to adopt reasonable rules not inconsistent with our Decs/Bylaws.
JanM (Texas)
Posts: 142
Posted:
I don't, just an idea to give her a place to look for info. I would think that each state has property codes, or a non-profit corp act, or something similar to Davis-Sterling act, something that pertains to HOAs and homeowner's rights.
LisaP (Florida)
Posts: 32
Posted:
Is there an amendment provision in your docs or IL statutes?

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