HOA is ignoring the laws of the state

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  • #375042
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    The members of the common interest community received notice of upcoming board elections along with proxy slips for voting. Illinois does not allow voting by proxy for board elections. Should I inform the current president of their mistake of proxy voting for board elections?

    #375583
    profdan_h
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    Hi,

    It seems that Illinois law does allow proxy voting. As per Sec. 1-25(h-5)(1) of the Illinois Common Interest Community Association Act, “1) by proxy executed in writing by the member or by his or her duly authorized attorney in fact, provided, however, that the proxy bears the date of execution. Unless the community instruments or the written proxy itself provide otherwise, proxies will not be valid for more than 11 months after the date of its execution.”

    I am unsure, but I believe the part you’re referring to that says proxy votes are not allowed for board elections exists under subsection (i) of the same section, which applies to electronic voting. It may be worth consulting an attorney for clarification.

    Hope this helps.

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