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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111446
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have been trying to get a copy of minutes, contracts that

Customer Question

I have been trying to get a copy of minutes, contracts that my HOA has with outside agency's along with our management company and other documents required to be available to the members for 2 months now. The property manager has received my request and said she forwarded it to the board. I went to a board meeting and asked the board for them but was told they would look into it. What can I do to get this info, I think something is being hidden on purpose.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: illinois
JA: Has any paperwork been filed?
Customer: Only thing I've done it send the request to the property manager
JA: Anything else you want the lawyer to know before I connect you?
Customer: This started when I received a notice that I had a violation. I requested a meeting with the board but was told that this issue was already decided at a private meeting that no public was invited to. That's when I started trying to get the information.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have a right to appeal a violation to the board. If the board is refusing to hear your appeal, then you can file suit against the association for breach of their bylaws and to seek a court order to force them to deal with this and the court can also award you money damages for the cost you had to go through to pursue this in the court.
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Customer: replied 29 days ago.
Ok, I am not worried about the violation at this time. That was included just for having out what started my inquiry. Here's more of the details.
Per our bylaws, we cannot have trampolines. Did not have this info until 6 months after we moved in and after I installed the trampoline. Also in our bylaws they have to send violations by certified mail which they did not. So not worried at this time about the violation yet.Even though they did not do the violation correctly I had been on a board in a previously in a different HOA so I emailed our property management company asking to speak to the board about the trampoline as it is an Occupational Therapy item for my Autistic Children. The managers reply was what started this.I was told the board had a meeting the night prior to me emailing her and decided that no trampolines will be allowed. When I asked how the meeting was advertised as I had not seen it, I was told not all meetings they have are public and the board regularly has private meetings which is a violation of Illinois law as I understand.After I replied that they cant have the meetings like that I started asking questions. Who are the board members, why is that info not put out on our website, when are public meetings, ect. After getting the run around for a while I sent the manager a formal request for meeting minutes, contract entered into on behalf of the HOA, money spent / authorized, previous audits and all other records that are required to be kept by a HOA board. They have ignored that request and when they actually had the 2nd public meeting this entire year I was told the President would look into it, still no reply.I think there is things going on that these people dont want out, I want all of the records for this HOA. How can I force this?
Expert:  Law Educator, Esq. replied 29 days ago.
Thank you for your reply.
If they are not complying with the public meetings law and notices, you can send a letter to the entire board not the manager informing them their conduct is in violation of the public meetings laws and that if they do not send proper notice and conduct proper public meetings in accordance with the law, then you will be filing a complaint to the IL Attorney General's Office for violations of the public meetings and public records acts.
If they still refuse, you would file your complaint to the Attorney General.
If the AG cannot resolve the issue, then your final option is you must have an attorney to file suit in the court against the association and management company for violation of the public meetings act and public records act as well and seek money damages.

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