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ReneeD
(Illinois)
Posts:163
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| 03/14/2006 2:17 PM |
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We are a not-for-profit IL HOA. Can anyone tell me what is considered proper notice? Is it 30 days? 45 days? If there is no mention of this in our Decs/Bylaws, do I refer to the Illinois Condominium Act of the Not for Profit Act for this information?
Thanks. -ReneeD |
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RogerB
(Colorado)
Posts:4163
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| 03/14/2006 3:37 PM |
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Renee, this should be in your Declaration and/or your Bylaws. If not, I suggest you amend your documents and add whichever time your members feel is appropriate. I like "notice shall be given by mail, e-mail, or hand delivered no less than 10 days and no greater than 50 days prior to the meeting". For response to architectural requests I like 30 days for the reciept of all requested information.
Roger |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
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RobertG
(Arizona)
Posts:505
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| 03/15/2006 5:32 AM |
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| If your rules/regulations don't say and a state law does, then the state law should rule. |
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LouraS
Posts:9
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| 03/16/2006 6:44 AM |
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| Renee, you want to be very careful here in terms of the interaction between the various laws and your association's bylaws. The bylaws may not be the controlling document it may be the non-profit act in Illinois or it may be the HOA statute or not. Sorry this is such an "attorney" answer. If you need a name of an attorney in Illinois to provide you guidance let me know. |
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Loura Sanchez, Esq.
Official HOATalk.com Sponsor
HindmanSanchez
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www.hindmansanchez.com
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LisaS
(Illinois)
Posts:339
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| 03/16/2006 7:59 AM |
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Renee- per our previous contact on your situation, refer back to the State Condo law. It is the governing document in your case. It clearly defines the time frame for notice and the manner in which notice must be provided.
It is one of the 'cleare' passages in the lengthly law!
Lisa |
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WardellD
(Washington)
Posts:64
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| 03/23/2006 9:12 PM |
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This is what our RCW states:
RCW 64.38.035
Association meetings — Notice — Board of directors.
(1) A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors, or by owners having ten percent of the votes in the association. Not less than fourteen nor more than sixty days in advance of any meeting, the secretary or other officers specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by first class United States mail to the mailing address of each owner or to any other mailing address designated in writing by the owner. The notice of any meeting shall state the time and place of the meeting and the business to be placed on the agenda by the board of directors for a vote by the owners, including the general nature of any proposed amendment to the articles of incorporation, bylaws, any budget or changes in the previously approved budget that result in a change in assessment obligation, and any proposal to remove a director.
(2) Except as provided in this subsection, all meetings of the board of directors shall be open for observation by all owners of record and their authorized agents. The board of directors shall keep minutes of all actions taken by the board, which shall be available to all owners. Upon the affirmative vote in open meeting to assemble in closed session, the board of directors may convene in closed executive session to consider personnel matters; consult with legal counsel or consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the governing documents of the association, and matters involving the possible liability of an owner to the association. The motion shall state specifically the purpose for the closed session. Reference to the motion and the stated purpose for the closed session shall be included in the minutes. The board of directors shall restrict the consideration of matters during the closed portions of meetings only to those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the board of directors, following the closed session, reconvenes in open meeting and votes in the open meeting on such motion, or other action which is reasonably identified. The requirements of this subsection shall not require the disclosure of information in violation of law or which is otherwise exempt from disclosure.
This is what our By-Laws state:
ARTICLE V
MEETINGS
SECTION 1. Annual meetings of the members of the corporation shall be held at the principal place of business of the
corporation or at such other place as the Board of Trustees may elect. The annual meeting shall be held during the first quarter
of each calendar year, at a time, date and place to be determined by the Board of Trustee's (adopted 6/25/01 by Community).
Notice thereof shall be given by the secretary by mailing notice to each member not less than ten days prior to the date of the
meeting.
SECTION 2. Special meetings of the members may be called at any time by the President or a majority of the Board of
Trustees or by 25% of the members and notices of the special meeting stating the object thereof shall be given by the Secretary
by mailing such notice to each member not less than five days prior to the date on which such meeting is to be held.
SECTION 3. At all annual and special meetings of the members, twenty-five percent (25%) of all the members of the
corporation shall constitute a quorum for the transaction of business. Each member shall be entitled to one vote.
SECTION 4. Special meetings of the Board of Trustees shall be called at any time by the Secretary on order of the President
or of a majority of the Board of Trustees. The Secretary shall give each trustee notice personally, verbally, by mail or by
telephone of all regular and special meetings at least ten working days previous thereto.
SECTION 5. A member may exercise his right to vote by proxy. A member may vote by mail but the ballot must be
postmarked by the day of the annual meeting. No member may put into effect more than 5 proxy votes.
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LisaS
(Illinois)
Posts:339
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| 03/29/2006 8:58 PM |
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| State law in Illinois is very clear on notification requirements. It actually mirrors the non-profit requirements. |
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