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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99413
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer Question

We have a small association of 5 units in Chicago, Illinois. My wife was elected President by the majority of owners. I was elected treasurer by the majorty of owners. One of the other owners was elected secretary. None of the other owners wanted to run for office. Are we in violation of the Illinois Condo Association Act for having a wife and husband sliving in the same unit sever as President and Treasurer? Even if no other owners want to serve in this capacity?
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is no, you are not. There is nothing in the Illinois Condominium Property Act that disallows this.

You may be referring to 765 ILCS 605/18(a)(16), which may disallow a contract with a board member if the board member's family comprises more than 25% of the board:

the board of managers may not enter into a

contract with a current board member or with a corporation or partnership in which a board member or a member of the board member's immediate family has 25% or more interest, unless notice of intent to enter the contract is given to unit owners within 20 days after a decision is made to enter into the contract and the unit owners are afforded an opportunity by filing a petition, signed by 20% of the unit owners, for an election to approve or disapprove the contract; such petition shall be filed within 20 days after such notice and such election shall be held within 30 days after filing the petition; for purposes of this subsection, a board member's immediate family means the board member's spouse, parents, and children

However, this is easily overridden by filing a NOTICE OF INTENT 20 days after the decision for any contract service is made, and if no one objects, the contract goes through.

Other than that, it is lawful to have two family members in such capacity. You can see the whole Act here.

I hope this helps and clarifies. Please let me know if you need anything else, such as a sample NOTICE.

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