Real Estate Law
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Good morning. I am Loren, an Illinois licensed attorney, and I look forward to assisting you.
What do the bylaws provide with regard to resignation of an officer? The property manager is not a director or officer and has no authority to accept or decline the resignation.
In any event, as far as a resignation from the board, Section 108.10(g) of the Illinois Not-for-Profit Corporation Act states that a director may resign from the board by delivering written notice and the resignation is effective when the notice is delivered unless the notice specifies a future date. Therefore, board member or property manager acceptance of a resignation is not relevant and your resignation was effective when you delivered written notice.
In terms of calling a meeting of the unit owners, Section 18(b)(5) of the Condominium Act states that special meetings of unit owners may be called by the president, the board of managers or by 20 percent of unit owners. If you can solicit the signatures of at least 20 percent of the unit owners, and submit such a petition to the board to call a unit owner meeting, a meeting must be called, and proper notice of the unit owner meeting must be given.
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