HOA Officer Elections in Illinois

Question:

When voting for board officers, does it need to state what office you’re voting for that person for?
Example of a John Doe for president
Cathy Weeks for treasurer
Our board only puts out names that you can vote for and it doesn’t list the position. After the election, the board president decides who’s going to take what position.

– Lucy

 

Answer:

Hi Lucy,

If the HOA is subject to the Illinois Common Interest Community Association Act, it must follow Section 1-25(f), which states that there shall be an election of a president, secretary, and treasurer from among the members of the board. This may mean that the election of the board members comes first, and then the elections of each position follow when the board members are decided.

For condominiums, please refer to the Illinois Condominium Property Act. Section 18 subsections c, d, and e state the bylaws must provide for elections for a president, treasurer, and secretary from among the members of the board. This may mean something similar to the provision in the Illinois Common Interest Community Association Act. Kindly consult your bylaws to understand the election process for officers.

Meanwhile, if the HOA is subject to the General Not For Profit Corporation Act of 1986, it may refer to Section 108.50(a), which states that officers may be elected or appointed by the board or chosen in a way as prescribed in the bylaws.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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