Wednesday, December 12, 2012

Property Manager and Board Fail to Provide Timely Notice

Sometime between midnight and 6am today, a member of the Board crept in and posted a notice regarding a meeting tonight about adapting a new budget for the year 2013.
The mailed notice was over two months ago, and no update was received with last month's (late as usual) assessment billing.

This is in violation of the state's condo code, specifically...
(765 ILCS 605/18.5) (from Ch. 30, par. 318.5)
(c) Meetings and finances.
       (3) Each unit owner of a condominium subject to the authority of the board of the master association shall receive written notice mailed or delivered no less than 10 and no more than 30 days prior to any meeting of the board of the master association concerning the adoption of the proposed annual budget or any increase in the budget, or establishment of an assessment.
Plus...
Notice of meetings shall be mailed or delivered at least 48 hours prior thereto, unless a written waiver of such notice is signed by the persons entitled to notice before the meeting is convened.
Copies of notices of meetings of the board of the master association shall be posted in entranceways, elevators, or other conspicuous places in the condominium at least 48 hours prior to the meeting of the board of the master association.
Where there is no common entranceway for 7 or more units, the board of the master association may designate one or more locations in the proximity of these units where the notices of meetings shall be posted.
None of these clearly-stated rules was followed, legally-invalidating any decisions made at tonight's meeting.
But then, the property manager and Board tend to ignore such legal niceties when it doesn't suit their purposes!
In addition, we have yet to receive the minutes from the September meeting.
What is the Board hiding?
And why, during the  incredibly-busy holiday season, did the property manager and Board fail to provide timely notice?
It's like they didn't want unit owners to attend...

We have another function to be at tonight, but may cancel to be sure we cover (and record) the open part of the meeting as permitted by the state's Condo Code...
(765 ILCS 605/18.5)(from Ch. 30, par. 318.5)(c)(4)(C)
Any unit owner may record the proceedings at meetings required to be open by this Act by tape, film or other means; the board may prescribe reasonable rules and regulations to govern the right to make such recordings.
There's currently nothing in the condo declaration or rules/regulation prohibiting our doing so.
They may attempt to pass a new rule prohibiting recording, but it wouldn't take effect until the new rule/regulation is passed by majority vote and published/distributed to all unit owners.
If the Board or property manager attempt to strong-arm us, we'll call the police (the police station is only a block away from the off-site meeting location.) and file charges.

Addendum:
While there is a late notice in the lobby of '60, there is none in the lobby of '58!
It's as if they don't want the residents of '58 to attend...

Posted at our blog and distributed via hardcopy to subscribers and non-Board unit owners.