Dealing with owner delinquencies can be a time-consuming and expensive process.  However, once the association takes physical possession of a unit and obtains a renter, delinquencies can often be recovered quite quickly.

It's important to note that if the association fails to take action to rent a unit under possession once an owner has been evicted, the owner has a legal recourse to regain possession.  The possession action is intended as a remedy for the association to recoup delinquencies.  Leaving the unit vacant could cost the association the right to continue to possess the unit.

If your association is experiencing delinquencies, it's important to act quickly.  The Chicago Condo Resource Center offers education on the collections process and can help you to make a decision about legal action.  Please see our Education & Training page for details.

The cover story in the July/August issue of CAI's Common Ground  magazine, "Bully on Board?", discusses a topic that has come up several times for our clients, and can be one of the most difficult condo issues to address.  Bullying behavior is unfortunately not restricted to the playground.  Many adults are guilty of using bullying behavior to control their associations and further their personal agendas.

If you are dealing with a bully on your Board, there are ways to defuse the behavior.  "Reining in Bullies on your HOA Board" from also discusses some tactics for handling bullies.

In our experience, it's important to address the behavior promptly and directly.  Left unchecked, bullying behavior only gets worse.  It's up to the remaining Board members, and sometimes the owners, to ensure that the behavior is put in check so that the interests of the entire association are preserved.

Per the most recent mortgagee letter, the FHA will be processing recertification requests beginning August 23, 2010.

Condominium projects initially FHA-approved prior to January 1, 2000 will require full project approval. 

Condominium projects initially approved on or after January 1, 2000 are eligible for the recertification process.

For more information, please visit HUD online.  If you have further questions, call the FHA Resource Center at 1-800-CALLFHA (1-800-225-5342).

Unit owner (or member) meetings occur less frequently than Board meetings, and usually have a specific purpose.  Here is the bottom line on unit owner meetings:

  1. The IL Condo Act requires that a member meeting is held annually to conduct Board elections (known as the annual meeting.)
  2. Special meetings of the members can be called by the president, board of managers, or by 20% of unit owners.
  3. Written notice of any membership meeting must be delivered no less than 10 and no more than 30 days prior to the meeting.  
  4. Meetings might be called to vote on amendments, special assessments, or other matters.  Your Declaration & By-Laws will indicate the specific matters that require an owner vote.
  5. A quorum must be present in order for owner voting to occur.  The quorum may be 20% or higher, depending on your governing documents.
  6. Voting is always done on an ownership percentage basis, unless your governing documents provide otherwise.
  7. Voting may be conducted by proxy--a written authorization for another individual to cast a vote for an owner--and proxies count toward the quorum requirement.
As always, your Declaration and By-Laws should be consulted whenever a member meeting is being considered, to review specific procedures and requirements.

A quick rundown on Boards and Board meetings:

  1. Only one owner per unit may serve on the Board, and each Board member must be on the deed to the property.
  2. Your Declaration & By-Laws will stipulate how many Board members are required by your association.  They will also outline the method by which the number may be increased or decreased.  A minimum of 3 members is always required.
  3. In order for a Board to meet and conduct business, a quorum must be present at the meeting.  The quorum is typically a majority.  A quorum of 2 is required for Boards comprised of 3 members, for example.  Those two Board members may make decisions on behalf of the association.
  4. Board business must be conducted in person.  Board members cannot vote on association business by email, though they may discuss items of business prior to an official meeting in person or by email.  
  5. At least 48 hours' notice must be delivered to all owners prior to a Board meeting (your governing documents may require more).  Notice may be delivered by email or fax if an owner has agreed to be notified in that manner.
There are differences between being a member of the association and being a Board member, and owner meetings vs. Board meetings.  We'll discuss member meetings and voting in our next posting!

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