Question:
Who can I contact about board members over powering Homeowners and are violating the Association Declaration and By-Laws, and State regulations? I also was laughed at and hamulated and denied my rights to be heard at a board meeting. Board members are forming reserve funds without proper procedures or legal assistance. They are also spending and abusing Association funds improperly. The budget is improper with improper expenses.
– Thomas
Answer:
Hi Thomas,
In Illinois, homeowners can take several steps to address HOA board violations. The Illinois Common Interest Community Association Act and the Illinois Condominium Property Act regulate HOA governance. These laws require boards to follow association declarations, bylaws, and financial management rules, including proper budgeting and reserve fund procedures.
If the board is violating governing documents or state laws, homeowners can first demand an internal resolution. Review the HOA’s bylaws for dispute resolution procedures and submit a written complaint to the board. If the board ignores or dismisses the complaint, consider removing the problem board members in accordance with your bylaws.
Homeowners who are denied the right to be heard at meetings may challenge this under 765 ILCS 160/1-40, which mandates open meetings and homeowner comments. If the board refuses to comply, seeking legal counsel or pursuing mediation may be necessary. In extreme cases, homeowners can work to recall board members through a special meeting as outlined in the governing documents.
If you wish to file a complaint against your HOA, you may refer to this article.
For financial abuse or misconduct, homeowners can request records under 765 ILCS 160/1-30, which requires the board to provide financial statements and meeting minutes. If funds are being misused, homeowners may take legal action. You may also escalate the issue by contacting the Illinois Department of Financial and Professional Regulation (IDFPR), which oversees HOA financial mismanagement. Filing a complaint with the Illinois Attorney General’s Consumer Protection Division can also be an option, especially if the board is engaging in fraud.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
