Common Interest Community Property Act Illinois

Started by MaryB16 • 4 replies • 2168 views

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MaryB16 (Illinois)
Posts: 3

Posted:

In reading through the new Illinois Community Act, I notice the following provision: "The terms of at least one-third of the members of the board shall expire annually and all members of the board shall be elected at large." Our Annual election was held in March of 2010 and since the Act took effect in July of 2010, does anyone know whether or not we are subject to that provision? The elected board expected to have three years to effect many improvements in our Association.

MaryA1 (Arizona)
Posts: 7,043

Posted:

MaryB,

What this really means is that the terms will have to be staggered so that 1/3 will be elected each year. In order to accomplish this, if you have a 5-member board the next election should be conducted as follows:

All members should be up for election.
The first year, two members are elected to a 3-yr term; 2 members are elected to a 2-yr term and 1 member is elected to a 1-yr term. The person receiving the highest number of votes is elected to the 3-yr term, and so on. In the second and subsequent years the term of office would be 3 yrs.

As for abiding by this new law, I doubt that you will have to have another election to comply, however, in the next election and thereafter, you will have to abide by the law.

MaryB16 (Illinois)
Posts: 3

Posted:

Thank you, Mary, My main concern was that our current board elected in March of 2010 would be able to fulfill the three year terms to whicfh they were elected. It is my feeling that since the election occurred before the new Illinois law was enacted that the board would be able to be retained for the full three years. From your answer, it appears that you would agree.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Mary (Illinois) - was there a preface - worded soemwhat like, "unless provided in the bylaws" before that edict?

Seems funny that the state would get involved with defining terms for boards, if it is already stated in an HOA's bylaws.

Just asking . . .

MaryB16 (Illinois)
Posts: 3

Posted:

No Susan, there was no such preface.

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