Legal Question in Real Estate Law in Illinois
HOA board in Illinois wants to update CCR's but needs 51% of homeowners to approve the declaration change. A proxy was mailed to residents in lieu of holding a meeting in September 2011. The cover letter that came with the proxy is not dated. The proxy itself does not bear the date of execution and no due date was specified. The current board president stated he will keep vote open until board gets required "yes" votes. In the last year several homes have sold and now have new owners. Can proxies be kept open indefinitely?
Asked on 9/10/12, 8:47 am
1 Answer from Attorneys
Thomas Moens
Moens Law Offices, Chartered
The manner of voting, and even whether proxies are allowed at all, should be specified in the bylaws or declaration, or under the Illinois condominium act.
Answered on 9/17/12, 2:59 pm