When you own a property, there are specific rules and regulations that you are responsible for adhering to per your local HOA and COA. (f) Directors shall not be required to be elected pursuant to this article if the governing documents provide that one member from each separate interest is a director. Recent Changes to Illinois HOA and COA Laws 2024. (e) In the event of a conflict between this article and the provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) relating to elections, the provisions of this article shall prevail. (d) The procedures set forth in this article shall apply to votes cast directly by the membership, but do not apply to votes cast by delegates or other elected representatives. (c) The provisions of this article apply to both incorporated and unincorporated associations, notwithstanding any contrary provision of the governing documents. (b) This article also governs an election on any topic that is expressly identified in the operating rules as being governed by this article. Please note that CSM is not a licensed attorney and cannot provide legal advice. A proxy must be dated and terminates eleven months after its date unless a different period is provided. A proxy is not valid if the proxy is obtained through fraud or misrepresentation. Most homeowners’ associations require the signing of a contract upon purchase. CCIOA provides that homeowners are allowed to appoint a proxy and therefore an association cannot deny a homeowner’s right to use a proxy. (2) An association shall hold an election for a seat on the board of directors in accordance with the procedures set forth in this article at the expiration of the corresponding director’s term and at least once every four years. It is important to read and understand all community regulations before purchasing property in an HOA-managed community. (1) Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area pursuant to Section 4600 shall be held by secret ballot in accordance with the procedures set forth in this article. Florida Department of State - The government agency provides information on elections, businesses, licensing, and securities.
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