Question:
What if we can not get more than 3 board members for our HOA association in the state of Illinois when our 23 year old by laws state we should have at least 5. We have 68 homes so not an easy task.
Answer:
Hi,
The Illinois Common Interest Community Association Act addresses vacancies on the board under Section 1-25(e). This section states:
“(e) If there is a vacancy on the board, the remaining members of the board may fill the vacancy by a two-thirds vote of the remaining board members until the next annual meeting of the membership or until members holding 20% of the votes of the association request a meeting of the members to fill the vacancy for the balance of the term. A meeting of the members shall be called for purposes of filling a vacancy on the board no later than 30 days following the filing of a petition signed by membership holding 20% of the votes of the association requesting such a meeting.”
You may also want to consider amending your governing documents to require fewer board members, though Illinois law does require at least one president, one secretary, and one treasurer on the board. Make sure to seek help from a lawyer when amending your documents.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
