Home Ask The Expert Ask The Expert Q&A What is my legal liability if I serve as President of my HOA?
 

Current Seminars & Events

May 2012
S M T W T F S
29 30 1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31 1 2

Ask The Expert

Admin Login



What is my legal liability if I serve as President of my HOA? PDF Print E-mail
Friday, 06 January 2012 16:53

Q. I am being asked to serve as President of my HOA - and no one else wants the job.  What legal risks will this create for me if due to circumstance I am unable to (or overlook) certain responsibilities of the office?

A. Generally, Illinois law places a requirement upon condominium and homeowner’s association board members to carry out their duties as a board member within the best of their abilities.  Though this is a loose concept to what makes an adequate board member, the general standard could be that a board member needs to act as a reasonable board member would in that position.  This means, generally, that a condominium board member should undertake to carry out their duties seeking the best interest of the condominium association as a whole as part of their duties, and that their decisions made within the scope of their obligations as a board member should be made with the best interests of the association in the foremost position.

Often, board members wonder whether or not they are proceeding in what could be called a legally appropriate manner as a board member.  For a board member to be, generally, acting within the best interest of the association, they should make an informed decision on important questions that face the association, they should undertake to rely upon professionals where appropriate to assist them in carrying out the day-to-day needs of the association, including collections, maintenance, and operational management, and the board members should attempt to be reasonable in how they approach the common problems that face the association. 

Obviously, unexpected problems may arise and unexpected questions may face board members for which they have no preparation or advanced warning, and the goal is for the board members then to attempt to resolve those questions as best as possible; there really is no specific set of laws that dictate the exact answer to every condominium question that may ever occur.  That being said, the Illinois Condominium Property Act does place a certain number of obligations upon board members that must be followed.  The Illinois Condominium Property Act requirement is that board members follow the Act and condominium declaration and by-laws strictly.  This means that the board members should undertake to ensure that all of the requirements of the condominium property act, the declaration, and the by-laws are met at all times.

Though this sounds like a daunting amount of information to grasp as a normal condominium board member, it is important to remember that all association’s are required to carry insurance that should cover their board members, directors, and officers of that not-for-profit corporation.  A condominium association is a not-for-profit corporation and insurance companies do issue coverage that protects individual board members from personal liability provided they are acting, generally, within the scope of their duties as board members and doing so reasonably.  What this generally results in is that there is limited personal liability for condominium board members within the scope of their duties in their position in that office.

This is not to be construed as specific legal advice in your situation, it is more of a consideration of some of the general issues that face board members and perspective board members as they consider to run for an office of their condominium association.  Serving on a condominium association board can be a very rewarding way to take an active role in insuring that a condominium association is looked after in a way they might like, it may also be a way for people who have extra time to dedicate to the service of their neighbors in the preservation of everyone’s common property.  Many perspective board members wonder if they should serve if they may not have enough time to do so or may wonder about their day-to-day schedules causing a lack of free time to serve.  There is no specific piece of legal advice or Illinois statute that dictates what is or is not sufficient time for a condominium board member and this consideration of whether or not an individual has enough time to serve must be made at their own evaluation.  It is important to note, though, that people considering a position as a condominium board member should be sure that they have enough time to attend meetings and to live up to the basic requirements of their position.  Generally, condominium board members are expected to appear at board meetings, to participate in board decisions, to be present for and active in condominium board votes, and carry out their duties either under the declaration or within the specific roles as prescribed in their declaration or by-laws.

Ultimately, the decision to serve on a condominium board can be a very valuable and rewarding one, provided the decision is made with an understanding that, as a board member, you will have to participate in and contribute to the general management of the operations at the association in your role.  If you do have some time to serve, it may be a great opportunity to contribute to your shared property with your neighbors.

James Stevens, Condo Law Columnist
Nielsen, Zehe & Antas, P.C.

 

Search Articles

Follow us on Twitter
Joomla Templates by Joomlashack