Real Estate Law
Ask a Real Estate Law Question, Get an Answer ASAP!
Thank you for your question. I am an Illinois licensed Attorney and it will be my pleasure to assist you.
The answer depends on the requirements stated in the bylaws and governing documents for the HOA.
Most HOA’s require that the person running for the board be a title owner. This may be accomplished simply by adding you to the deed.
Can you tell me the requirements to run for a board position as stated in your governing documents?
Where are they located in IL?
Great. Let me see what I can find. I hope that you will do whatever it takes to run. If this person is that bothered by you running it makes me wonder why?
Sorry I am unable to find a copy on line. Illinois law allows the HOA to create their own requirements for Board members. Under the Illinois Common Interest Community Association Act.
A board member is defined as
"Board of managers" means, for a common interest community that is an unincorporated association, the group of people elected by the members of a common interest community as the governing body to exercise for the members of the common interest community association all powers, duties, and authority vested in the board of managers under this Act and the common interest community association's declaration and bylaws.
There is no requirement that they own the unit, unless the bylaws provide otherwise. How about having your wife quit claim joint ownership to you so you can run? If this person is that threatened you must be doing something right!
Record owner is the title owner as stated on the recorded deed. The beneficiary of the declarant is the beneficiary of the person or entity that created the HOA. You have an action for discrimination if you fall under a protected class. The protected classes for discrimination are race, color, religion, sex, national origin, familial status or disabled. If you feel that you are being discriminated against for one of those reasons you can file a civil rights complaint. Do you feel this is discrimination or someone that does not agree with your position on HOA matters?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).