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Our condo association just held elections in which quorum was

reached and all 5 board...
Our condo association just held elections in which quorum was reached and all 5 board members were replaced. I am one of the new board members. I also have a copy of the election results with 2 witness signatures.

After the election was over, the 5 previous board members walked out of the room and allowed the newly elected board members to conduct the business of the association.

A few days later, a 15 year old corrected amendment was "found" stating that 2 of the ousted previous board members were entitled to another year on the board based on the election that happened the previous year and they didn't need to put their names on the ballot this year.

The 2 previous members have now claimed that they are still on the board and the property manager (and supposedly the association's lawyer that is not affiliated with the property manager) has sided with them and is not including me and the other newly elected board member on any communications to the board.

Can they get away with this if the 2 previous board members claim they didn't know about the corrected amendment with the 2 year terms? Isn't it the board member's job to know what the by-laws say? Both previous board members served on the board for over 5 years. There is no excuse for them not knowing about it.

If their names are XXXXX XXXXX ballot, they don't object to being on the ballot, they represent themselves as eligible for reelection to the residents at the time of the election, and if they allow the vote tally to take place, are their seats on the board fair game to get voted on by a quorum of the homeowners?
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Answered in 4 minutes by:
5/17/2013
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,432
Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.
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Hello and thank you for your question. I am an Illinois licensed Attorney and will be assisting you today. How often are elections required to be held?
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Customer reply replied 4 years ago
Annually
Do you have a copy of this "corrected amendment" ?
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Customer reply replied 4 years ago
yes. every homeowner is given a copy of it when they move in
To clarify there is a corrected amendment that approved the board members for a two year term and changed the annual elections to every 24 months?
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Customer reply replied 4 years ago
the corrected amendment states that the 3 members with the highest votes in the election get 2 year terms. One of the members that got the highest vote count last year stepped down so the board selected someone to replace her but their selection can only serve until the next annual election. so only the 2 members in question had 2 year terms.Yes, elections are still held every 12 months.
a 15 year old corrected amendment was "found" stating that 2 of the ousted previous board members were entitled to another year on the board based on the election that happened the previous year and they didn't need to put their names on the ballot this year. So in fact, the board members claiming they are entitled to a two year term have been holding annual elections each year until they suddenly realized this amendment existed?
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Customer reply replied 4 years ago
Correct. I know for sure that at least one of the members in question had served on the board for at least 5 years and was President of the Board at the time of the election. I think the other board member served for the same amount of time but I'm not entirely sure about that.
Customer reply replied 4 years ago
An election is still held annually, but it seems according to the corrected amendment only 2 spots on the board are eligible for election every other year.
Customer reply replied 4 years ago
Here's the corrected amendment...

Board Members. At the initial meeting of Voting Members, the five (5) candidates receiving the highest number of votes shall be elected. Of those five (5) candidates, the three (3) candidates receiving the highest number of votes shall serve a two (2) year term and the two (2) candidates receiving the next highest number shall serve a one (1) year term. Thereafter, each director shall hold office for a two (2) year term. A candidate for election to the Board, or such candidate's representative, has the right to be present at the counting of the ballots for such election. All members of the Board shall serve for their terms as hereinabove stated or until their successors are duly elected or appointed and qualified, but members of the Board may succeed themselves, except as provided in subparagraph c as hereinbelow set forth. Vacancies on the Board and for officers may be filled by majority vote of the remaining Board members until the next meeting of Unit Owners
They are in breach of their fiduciary duty to the association. They have been in violation for 5 years. They certainly knew or should have known the proper procedures. They have been derelict in their duties. By their actions and conduct they have forfeited their right to be on the board.


Your association had an election and a new was board was elected. You stated that you have not spoken to the association attorney yet, I would be curious to hear the attorney's position on this matter. Depending on the response it may be time for a new association attorney.


I am not sure that the ousted board members realize the home owners can file suit against them for breach of their duties if they insist on this course of action. Hopefully the new board will put them in their place.

Please do not hesitate to ask me any additional questions that you may have for me.
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,432
Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.
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Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 4 years ago
Thank you so much! Here is the response to an email that the property management company sent me regarding the lawyer. I asked the property manager to send me the contact information of the lawyer, so I can personally speak to them because i honestly don't think the lawyer that they're speaking with is not affiliated with the property management company. But the property manager hasnt sent me the contact info yet.*** email excerpt ***While I appreciate your frustration at not securing a seat on the Board, it is essential that the Declaration and all of the amendments to the Dec. be the final, defining basis of decisions. We are doing that. We have sought the advice of the attorney for the Association. He provided advice after reviewing the pertinent documentation. Please be aware that the attorney is hired by the Association and advises the Association. He has no professional relationship with Foster Premier.
There was a lawful election. It may be time for a new attorney.

I hope that the information I provided has been helpful to you.

You can return to this question at any time with any follow up questions that you may have for me.

Thank you for using JA!
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Attyadvisor
Attyadvisor
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Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.

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