Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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?