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Preparing for Turnover PDF Print E-mail

In a new construction or new conversion building, the developer performs the duties of the Board of Managers until control is turned over to the new owners.  An election for the first owner Board must be held when one of two events has occurred.

  1.  75% of the units have been sold by % ownership

  2. Three years have passed since the date of the recording of the Association Declaration.

The developer has 60 days following the sale of 75% of the units to conduct the turnover. 

Until the turnover occurs, the developer must perform all of the duties and responsibilities required of the Board of Managers in accordance with the IL Condo Act and the Association’s governing documents.  This includes completing repairs and maintenance of the common areas of the building as needed and providing an annual detailed accounting of the income and expenses of the Association. 

21 days’ notice is required prior to the initial meeting & election of the Board.  Unit owners may request the names, addresses and weighted votes of all owners entitled to vote at the meeting, which information must be delivered to the owners within 3 business days of the request.

Forcing the Turnover

If the developer has not sent notice of the initial meeting & election of the Board within the required time frame, unit owners holding 20% interest in the Association may call a meeting by filing a petition.  Correspondence signed by the owners holding 20% interest in the Association must be delivered to the developer stating the owners’ intention to hold the meeting.  The owners then have the right to deliver notice of the meeting to all members and hold the meeting.

It is in the owners’ best interests to take control of the Association as soon as they are legally able.  Owners often believe that by delaying the turnover they will force the developer to take care of unfinished items in the building.  In fact, taking control from the developer empowers the owners to dictate where their money goes and to be proactive about handling needed repairs before the problem gets worse.  If the developer is stalling on the turnover, it’s even more important for the owners to force the turnover to ensure that funds are not being misappropriated. 

Regardless of whether or not the owners must force the turnover, it is absolutely crucial to conduct an audit of the developer’s financials to ensure that all funds have been paid to the Association, and, if necessary, to take steps to collect missing amounts.

Elections & the Board of Managers

If the developer or management company does not provide information to the owners regarding the election process or if the owners are forcing the turnover, here’s what you’ll need to know about the initial meeting.

At the initial meeting, the owners will elect, at large, the members of the Board of Managers.  A minimum of 3 Board members will be elected to the Board. Your Association’s governing documents may call for additional members.  It’s important to review the Declaration & By-Laws prior to elections to ensure that you do not elect a smaller or larger Board than required.

In the 21 days leading up to the meeting, it’s a good idea for owners to begin discussing potential candidates for the Board or expressing their desire to serve.  Smaller buildings may have a hard time finding enough volunteers for the Board, and larger buildings may find that there are more volunteers than open positions.  Communication among owners prior to elections will help everyone to get an idea of how the meeting might progress. If there are more candidates than open positions, ballots listing the candidates will be needed for voting. 

At the initial meeting, the owners will elect the members of the Board.  The Board will then meet to elect officers from among the new Board members. 

Learn more about The Board & Board Elections.

 

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