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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34058
Experience:  30 years of real estate practice experience.
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I am a President of a Condo Association and I am in

Customer Question

I am a President of a Condo Association and I am in treatment for cancer now and unable to continue as President. The property manager refuses to accept my resignation letter. What can I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, an Illinois licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

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.

Expert:  Loren replied 1 year ago.

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.

Expert:  Loren replied 1 year ago.

You are very welcome. If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page) so that I am credited by JustAnswer for assisting you.

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Expert:  Loren replied 1 year ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.