C
condo_owner_1234
Guest
- Jurisdiction
- Illinois
Our HOA had vote in January to change the condo declaration to restrict rentals in the building. We rent and would like to block this change. They needed 75% owner support to pass the changes. They announced today (in September) that they now have 75% owner approval, 8 months after the initial vote. At least one or more units have sold in that period. Our current declaration describes the following process for amending the declaration:
"and approved by the Unit Owners having, in the aggregate, at least seventy-five (75%) of the total vote of the unit ownership, at a meeting called for that purpose"
The HOA held a meeting but didn't get 75% of the owners' support, and so they then circulated a "unit owner affirmation" form to the remaining owners over the subsequent 8 months, which is how they now claim 75% approval. At least one or more of the unit owners was coerced into changing their original vote from that meeting from no to yes. The affirmation is as follows:
"The undersigned is/are member(s) of ... Condominiums, a condominium established by the aforesaid Original Declaration, and by my (our) signature(s) below do hereby execute and acknowledge the foregoing Restated Declaration pursuant to Section 13.08 of the aforesaid Original Declaration and Section 4.1(b) and Section 27 of the Illinois Condominium Property Act."
Then there's section for a signature and date, and a space to list the unit number. The condo is in IL. Is this legal? Does the affirmation count as a valid vote? How can we stop it getting updated? What is our best course of action here?
"and approved by the Unit Owners having, in the aggregate, at least seventy-five (75%) of the total vote of the unit ownership, at a meeting called for that purpose"
The HOA held a meeting but didn't get 75% of the owners' support, and so they then circulated a "unit owner affirmation" form to the remaining owners over the subsequent 8 months, which is how they now claim 75% approval. At least one or more of the unit owners was coerced into changing their original vote from that meeting from no to yes. The affirmation is as follows:
"The undersigned is/are member(s) of ... Condominiums, a condominium established by the aforesaid Original Declaration, and by my (our) signature(s) below do hereby execute and acknowledge the foregoing Restated Declaration pursuant to Section 13.08 of the aforesaid Original Declaration and Section 4.1(b) and Section 27 of the Illinois Condominium Property Act."
Then there's section for a signature and date, and a space to list the unit number. The condo is in IL. Is this legal? Does the affirmation count as a valid vote? How can we stop it getting updated? What is our best course of action here?
