Question:
My HOA is retaliating against me by sending me unlawful violations. Recently, I have looked through the legislative laws and I requested documents for examination, such as how they initiate violations and gather documentation for violations. They are unwilling to provide me any documents and advise me to seek legal counsel. What steps do I need to take next?
I have already sent them the formal letter, requesting such documents.
– Alex
Answer:
According to Sec. 1-30 of the Illinois Common Interest Community Association Act, the following records must be available for examination by members:
“(i) Copies of the recorded declaration, other community instruments, other duly recorded covenants and bylaws and any amendments, articles of incorporation, articles of organization, annual reports, and any rules and regulations adopted by the board shall be available. Prior to the organization of the board, the developer shall maintain and make available the records set forth in this paragraph (i) for examination and copying.
(ii) Detailed and accurate records in chronological order of the receipts and expenditures affecting the common areas, specifying and itemizing the maintenance and repair expenses of the common areas and any other expenses incurred, and copies of all contracts, leases, or other agreements entered into by the board shall be maintained.
(iii) The minutes of all meetings of the board which shall be maintained for not less than 7 years.
(iv) With a written statement of a proper purpose, ballots and proxies related thereto, if any, for any election held for the board and for any other matters voted on by the members, which shall be maintained for not less than one year.
(v) With a written statement of a proper purpose, such other records of the board as are available for inspection by members of a not-for-profit corporation pursuant to Section 107.75 of the General Not For Profit Corporation Act of 1986 shall be maintained.
(vi) With respect to units owned by a land trust, a living trust, or other legal entity, the trustee, officer, or manager of the entity may designate, in writing, a person to cast votes on behalf of the member or unit owner and a designation shall remain in effect until a subsequent document is filed with the association.
(vii) Any reserve study.”
Furthermore, subsections (2) and (4) go on to say:
“(2) Where a request for records under this subsection is made in writing to the board or its agent, failure to provide the requested record or to respond within 30 days shall be deemed a denial by the board.”
“(4) If the board fails to provide records properly requested under paragraph (1) of this subsection (i) within the time period provided in that paragraph (1), the member may seek appropriate relief and shall be entitled to an award of reasonable attorney’s fees and costs if the member prevails and the court finds that such failure is due to the acts or omissions of the board of managers or the board of directors.”
Homeowners also have a right to a disciplinary hearing before any disciplinary action is made against them for violations. If you believe that the board is retaliating against you, it is best to seek advice from a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
