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Bemian

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  1. I'm so sorry but arguing was not my intention. I'm grateful for the discussion and I appreciate every word. As a society we are puzzled, some would like to deal with this matter within our By-laws, some would like to see legal action. I'm just figuring out which one I will support. You are right I should not post the analysis. I'm sorry. Thank you
  2. Thank you. I’m licensed Real Estate Broker in IL If I analyze wording in our By-laws the same way as I would a sales contract: The By-laws use the plural form 'services' which is used mainly because most institutions typically provide not just one service, but a variety or range of services. (Our By-laws: ........Members of the Board shall receive no compensation for their services, unless expressly allowed by the Board at the direction of the voting members having two-thirds (2/3) of the total votes....) Service vs Services Considering the word service as a countable noun, then there must be different services in mind. Services is plural and since I am counting more than one service to make it plural, it is implied that this is a countable noun. - question is what is countable service and what is uncountable service/s because By-laws clause in that section mostly talking about the Board election so countable service in that conjunction its pointing toward serving on the Board. However, the president is still the Board member when working in the office so then the president will be providing services (uncountable). - furthermore, if the president serves on the Board he/she provides service (countable) which is part of Association’s service/s as a whole (uncountable) because the Association is providing range of services to homeowners. In that conjunction no pay for any service within the Association. Eg. Joe offers three transportation services. You can travel by bus, taxi or subway. (serving on the board, performing front office operations, performing back office operations) Alex offers only one transportation service. You can travel only by taxi. (serving only on the Board) Also President’s conflict of interest: In the state of Illinois the Community Association Managers are licensed by IDFPR (Illinois Department of Financial and Professional Regulation, Real Estate Division) therefore the president has conflict of interest. If he/she is caught performing anything else, then a ministerial act he/she may be fined $10,000 and charged with misdemeanor for not being properly licensed under Illinois Community Association Manager Act. It is impossible to distinguish when he/she is acting as a president or as a manager assistant or as a licensed manager. E.g. He/She is managing the community by herself during regular business hours without property Manager being present on the property on his day off. (Disclaimer: all the above analysis is my personal expression for the purpose of discussion and general informational purposes only. I'm seeking no binding advice in this forum. This is not legal advice or practice of law).
  3. Thank you (1) I strongly believe our By-laws are the document to rely on (2) we want to and we will present this interpretation to an attorney (3)she will not resign from either. Yes, our By-laws have rules on removal of the board member or a whole board at once. Also IL condo act has a chapter on that.
  4. Hello, my question is about HOA Board of Directors vote. Our association follows Illinois Condominium Act., Declaration, By-laws, Board Rule Book. Association is registered as Non-profit corporation. (1) Our Board members with no membership approval voted to allow the President (board member) to work as property manager assistant for compensation. (Our By-laws: ........Members of the Board shall receive no compensation for their services, unless expressly allowed by the Board at the direction of the voting members having two-thirds (2/3) of the total votes....) Property Manager whom pushed for her becoming his assistant argues that such is allowed by Robert’s Rules and we should read it. We never used or heard of Robert’s rules. Lately our Property Manager points to it frequently but never explains. I was unable to find anything in Robert’s rules regarding this matter. (2) Based on our By-laws most membership believes the President is not allowed to work for compensation and furthermore that elected Board members committed fraud by changing the rule in the favor of another elected official. (3) Also, some members are questioning if the President lost or gave up her position on the Board by accepting the job within the association. Thank you for your time.
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