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Annette Erkan

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Everything posted by Annette Erkan

  1. Thank you for all your help. I do believe I will have to contact an attorney. I was just wondering if I had done everything correctly according to all governing documents before I sought legal counsel. I will follow through with all your advice.
  2. What is a Corporate Charter? The only terms I am familiar with is the ICPA, By-Laws, Declarations, administrative rules and our courtesy rules. What is the hierarchy I am on the Board of Managers of a Condominium Association. I'm not sure but I think the ICPA Illinois Condominium Property Act considers the operating policies as administrative rules. But that is not my sole problem. My problem is a rule was established long before I acquired my condo (I have been an owner for 22 years), and we have had no issues or problems from any owner in that time adhering to that rule. The policy is that only owner members are allowed to attend meetings. If a member can't attend they will have to send back the invite with another member as their proxy. I have only been on the board since 2013. A real estate agent had purchased a unit solely for investment purposes. She violated many ICPA rules during the purchase of the condo. We had a meeting on August 31, 2014 three years before she purchased her condo where an issue was brought up about members who don't show up to meetings will be charged $50 for not showing up or not sending a proper proxy. The vote was unanimous 9 out of the 12 unit owners were represented. This new owner (her closing was on april 18, 2017) initially sent the invite back with her tenant as her proxy. I had informed her that she couldn't have her tenant as a proxy. She said she was out of town. I offered her to call me to discuss her concerns and the meetings agenda. She refused. I had informed her of the penalty. She still didn't show or change her proxy. Now she has been having her attorney constantly harass me over the $50 penalty. In my opinion, I would rather pay the $50 penalty instead of the $250 an hour charge for attorney's fees. But that's me. Just saying. I have enclosed the attorney's letter with my letter requesting payment for her penalty Thank you. very much in advance for your help. PROXY VIOLATION atty letter.pdf NO SHOW NO PROXY VIOLATION.pdf
  3. Hello, What steps are taken when the board implements rules they discussed and decided to make an administrative rule. Are there restrictions? What are the restrictions if any? How are they documented? When a member requests that a rule be created for any given issue and it is discussed, voted on, then it passes unanimously or by more than 2/3's of the membership, is that rule considered valid? Where is it documented if required? Does it automatically become an Administrative Rule? If not, what is it called and where is it supposed to be documented other than the minutes? An administrative rule is created by the Board of managers. For example: according to the ICPA the Board is required to collect all assessments. The Board has the right to implement a more detailed collection process. i.e. date due, amount of late penalty, grace period, ect. ect.
  4. Both the bank and the Secretary of State requests a "Resolution duly adopted by the board of directors" What is a Resolution? What does it consist of or entail? Who is responsible for adopting this resolution? Is it the new board or the old board's responsibility? Thank you
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