Legal Question in Real Estate Law in Illinois

Board members keep using proxy votes to keep themselve voted into office despite that Ballots are provided. Board claims that only Sec. 18.5 (c) through (h) of 765 ILCS 605 apply to our HOA, therefore there is no defense. Can they continue to use proxy votes and what parts of 765 ILCS 605 do apply to free standing HOAs in Illinois?


Asked on 10/14/10, 8:34 am

2 Answers from Attorneys
Thomas Moens Moens Law Offices, Chartered

The Condominium Property Act does allow for proxies, provided your bylaws do not prohibit them. 18.5 has to do with master associations, so I am not sure how that relates to your situation. It would appear that most people must be happy with the current board, or they would not allow the current board to vote on their behalf via proxy.

Read more
Answered on 10/19/10, 9:04 am
Stephen Messutta

How does board "claim" (c) thru (h) ONLY applies? And what do you mean by "free standing HOAs?

Read more
Answered on 10/22/10, 7:56 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois