Question:
On our HOA condo board we have 2 members that are holding their same position for a third year which is not allowed in Illinois. How can I legally get them out ? Thank you for your time.
– Carol
Answer:
Hi Carol,
According to the Illinois Condominium Property Act Section 18(a)(1), the bylaws shall provide that the terms of at least one-third of the board members shall expire annually. Kindly verify whether this clause is being violated. However, keep in mind that some governing documents also allow for re-election. As such, it may be best to review the governing documents to verify whether re-election is allowed and how many times one person can be re-elected. If the members were re-elected following the provisions of the governing documents, then there may be no problem.
However, if the two board members are in violation, then it may be wise to call a special meeting to have a re-election. The bylaws should also contain provisions outlining how to remove board members. You may follow the bylaws to remove the two directors. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
