What Are the Illinois HOA Voting Requirements?

Association boards must understand the different HOA voting requirements in their state and as provided by their governing documents. In doing so, they can ensure a smooth election process and avoid liability claims. Additionally, this will make it less likely for owners to allege that the elections are invalid.

Where to Find HOA Voting Requirements in Illinois

In an HOA or condo association, board members are elected by their fellow homeowners. This election process comes with certain requirements, particularly when it comes to voting. These requirements can vary depending on state laws and the governing documents.

In Illinois, board members must familiarize themselves with the statute that applies to their type of community. The Illinois HOA voting laws can be found under:

765 ILCS 605/18 of the Illinois Condominium Property Act, and
765 ILCS 160/1-25 of the Illinois Common Interest Community Association Act.

In addition to these laws, associations must also refer to their CC&Rs and bylaws. These documents may contain stricter or more detailed voting requirements.

What are the HOA Voting Requirements in Illinois?

Voting plays a critical role in the operation of any association, particularly when elections are involved. Here are the HOA voting requirements that are worth noting.

Eligibility to Vote

Board members must determine who has the right to cast a vote in an election. Eligibility will depend on the governing documents of the association. More often than not, these documents only give voting rights to owners who are in good standing. This means that the owner is current on all their dues and not in violation of any association rules.

Notice Requirements

How much notice should an HOA give before voting? Since voting takes place at the annual meeting, notice must follow the annual meeting requirements. In Illinois, boards must deliver written notice at least 10 days but no more than 30 days before the meeting.

Additionally, this notice must include all pertinent details, such as the date, time, and location of the meeting. It must also clearly inform owners that board elections will take place at the meeting. Boards must list the open seats and include any balloting procedures.

Moreover, it is a good idea to include details about the candidates. This will help homeowners get to know the people up for election and what they stand for, allowing them to make an informed choice on their vote.

That said, additional notice requirements may apply depending on the type of voting method the association uses. If the HOA uses mail-in ballots, the notice must include instructions on how to fill them out and submit them. The notice must also include the submission deadline.

Similarly, online voting must give owners clear directions on how they can cast their votes. Authentication procedures must also be included to verify voter identity and rights.

Quorum Requirements

A quorum is the minimum number of eligible voters that must be present or represented for the election to be valid. Quorum requirements can vary depending on the governing documents. Boards must check their bylaws to ensure compliance.

That said, most associations require 20% of voting homeowners to meet the quorum. Some bylaws require strict attendance, while others allow proxies and online votes to count towards the quorum.

Without a quorum, the meeting cannot proceed, which means the elections must be postponed. To make sure the meeting pushes through, boards should advertise the meeting early and send regular reminders.

Voting Methods

In Illinois, homeowners may vote in person, by mail, by proxy, or electronically. The governing documents typically outline the methods by which homeowners can cast their votes.

Here’s how they differ:

In Person. The owner attends and votes at the meeting. This is the most traditional method and involves physical ballots. It’s best suited for small communities.
By Mail or Delivery. The owner submits an official ballot before the meeting. If permitted, this method must come with a clear deadline for submission. If an owner votes a second time in person, that becomes their official vote, taking the place of the mail-in ballot.
By Proxy. Someone else votes on behalf of an owner. The proxy must be in writing, clearly dated, and signed. Unless stated otherwise, proxies typically expire after 11 months. Moreover, many associations restrict who can serve as a proxy and the number of proxies a single person may hold at the same time.
Electronically. The owner votes through an approved online method. It is important to use a secure system that will allow the association to confirm the identity of the voter without compromising integrity.

The chosen method should comply with both state law and the association’s governing documents. The bylaws may not allow all of these methods, so it is crucial to check first.

Additionally, condominium board elections must be conducted by secret ballot. Whatever method is selected, the board must have a way to ensure voter anonymity.

Ballot Requirements

According to the Illinois HOA voting process, ballots must meet legal standards. These ballots must display the name of every eligible candidate. Board members don’t have the authority to exclude a candidate’s name just because they deem them unfit for the role.

As per state law, associations must also allow owners to write in their chosen candidates. The only exception to this is if the governing documents expressly prohibit the practice. If no prohibition exists, ballots must make space for write-in candidates.

Ballot Counting

After voting closes, the association must move on to ballot counting. This procedure must remain transparent at all times. More often than not, associations hire a third-party inspector to oversee the counting process.

Additionally, boards must allow candidates or their representatives to be present at the ballot counting. This will give them a chance to observe the process and ensure accountability. Every ballot should also be verified thoroughly, ideally by two separate people.

Furthermore, the association should document the entire process. Ballots and election records should also be kept for a few years.

What Happens After the Election?

Once the ballots have been counted and verified, the board must announce the results immediately. The announcement must take place verbally at the meeting. Afterward, the board must also announce it in writing to all owners.

Announcements should include the names of all candidates, including the winner, and their total votes. This ensures complete transparency.

Following the announcement, the association must collect all ballots, proxies, and other election materials. Boards must retain these records for at least one year after the election. This will make it easier to refer to them for any future questions or concerns. Homeowners also have a right to inspect these records.

New board members must then assume their roles and positions. Onboarding typically happens soon after, allowing for a seamless transition of duties and documents.

Ensuring Compliance

Board members often have a hard time understanding and complying with HOA voting requirements. Ultimately, it requires knowledge of both state laws and the governing documents. To interpret these, board members should have sufficient legal experience or hire an HOA management company for assistance.

First Community Management provides expert HOA, condo, and co-op management services to communities in Chicago. Call us today at (312) 829 8900 or contact us online to learn more!

RELATED ARTICLES: