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Declarations
Fox Point By Laws
In 2010 the Board initiated steps to address our interests
in “modernizing” our By Laws by creating an ad hoc By-Law
Committee (BLC). The committee was formed with HOA members
who are passionate about enhancing our By Laws and are
skilled in the area due to past experience on the Fox Point
Board and career experience.
A major part of the “BLC” is to represent the entire HOA
and Board interests in the area of Declarations and By
Laws. The BLC does this by conducting open meetings to
which all HOA members are invited; via a
dedicated ByLaws@FoxPoint.org
email address;
communicating updates in the monthly newsletter and simply
around the neighborhood. We’ve captured good input and are
always open to more. Should you have something to offer,
please don’t hesitate to reach out to the BLC.
Thanks,
Mike Joyce
BLC Chair, Board member
***
2010 offered a renewed focus for Fox Point homeowners
interested in our By-Laws. The year started out with an
awareness to IL Condominium Property Act
765 ILCS 605/18.5 which quickly pushed Fox Point’s By
Laws to the forefront of everyone’s mind. As the changes
brought by the “Condo Act” manifested themselves within our
By Laws, the By-Law Committee (BLC) was born. Stoking the
early momentum of the BLC was inertia from a group of
petitioners who expressed interest in modernizing our
By-Laws. (Some of the BLC members are HOA members who
participated in the petition effort) Then in August
of 2010, new legislation called IL Public Act
096-1400 was unanimously approved by both
the State House and Senate, and then the Governor of
Illinois, again, impacting our Declarations and By-Laws.
Below is an overview to help Fox Point HOA members become
familiar with what’s happening to and within Fox Point
Declaration and By-Laws. Check back in the future for more
information.
Q:
How are Fox Point’s By Laws enacted or
changed?
A: By Fox Point HOA
members, and/or by state and federal laws and
statutes
HOA
Member changes to By-Laws
Section 1 of Article XVI of our By Laws states the
following:
“These (Fox Point) By Laws
may be altered, amended, or repealed at any regular meeting
or at any special meeting by a two-thirds majority,
provided, however, that a written notice, in accordance
with
Article V, Section 4 thereof is given of
intention to alter, amend or repeal these By-Laws at such
meeting. These By-Laws are subservient to the Declaration
and any amendment to the By-Laws which is inconsistent with
the Declaration shall be void. On the other hand, any
amendment to the Declaration shall have the effect of
amending the By-Laws to the extent necessary to bring the
By-Laws into conformity with the
Declaration.”
By the way, Article V, Section 4 states:
“Notice of Meetings.
Written or printed notice stating the place, day and hour
of any meeting of the Members shall be delivered, either
personally or by main, to each member entitled to vote at
such meeting, not less than five nor more than forty days
before the date of such meeting, by or at the direction of
the President, or the Secretary, or the officers or persons
calling the meeting. In the case of a special meeting or
when required by statue or these By-Laws, the purpose for
which the meeting is called shall be stated in the notice.
If mailed, the notice of a meeting shall be deemed
delivered when deposited in the US Mail addressed to the
Member or addressed to “Fox Point Homeowner” at his (or
her) address as it appears on the records of the
Association, with postage thereon
prepaid.”
Q:
What if I, as a Fox Point Homeowner, had an idea for a
By-Law. Could I make a new By-Law for Fox
Point?
A: Yes, as long as you met
the requirements of Section 1, Article XVI and Section 4 of
Article V. In fact, if you have an idea for a new or
revised By-Law, now would be a great time to submit the
idea to the By-Law Committee.
How
and why Laws and Statutes affect By-Laws
While some HOA members are concerned only about the By-Laws
governing their own neighborhood there are state-level and
national-level organizations, dominated by lawyers and
property managers, who petition for “legislative
beneficence” for their many HOA member stakeholders . If
you want to learn more about HOAs, visit
http://en.wikipedia.org/wiki/Homeowners_association.
If you want to learn more about the significant influence
that HOA trade associations and special interest groups
have over state laws, visit www.CAIOnline.org
- which is the website for
the Community Associations Institute (CAI).
Q:
Why are states “messing” with our Fox Point
By-Laws?
A: No doubt, part of the
reason is that there are more than 23 million American
homes and 57 million residents in HOA governed communities.
(Source: Community Associations
Institute).
Q:
What legislation has impacted our Fox Point
By-Laws?
A: There are at least two –
a new Public Act and a Statute that are impacting our
By-Laws. They are IL Public Act 096-1400 (known as the
Common Interest Community Association Act) and the
Not-for-Profit Statute.
Q: Where
can I find the details about these and the Fox Point
By-Laws?
A: For IL Public Act
096-1400, visit:
http://www.ilga.gov/legislation/publicacts/96/PDF/096-1400.pdf.
For the Not-for-Profit Act, visit:
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2280&ChapterID=65.
For Fox Point’s By-Laws, please refer to the front section
of your Fox Point Directory.
Q: How
does a Statute differ from a Public
Act?
A: Public Acts are bills
that have become law. The Illinois Compiled Statutes (ILCS)
are a cumulative organization of Public Acts into a
coherent framework. Most, but not all, Public Acts are
incorporated into the Illinois Compiled Statutes. Some
Public Acts and portions of Public Acts, such as those
authorizing land conveyances or making appropriations, are
not included in the Illinois Compiled
Statutes.
Q:
Again, please?
A: Public Acts are law. A
Statute is an aggregation of laws that create a framework
around…an area of focus.
Q: How do these impact Fox Point’s
By-Laws?
A: The Statute and Public Act will – actually already have
– changed our Declarations and By-Laws. It would be easy to
assess the changes if the result was a “one-for-one” change
of By-Laws, but it isn’t. Fox Point will need
to hire a law firm to help us implement and enhance the
changes and then file the changes with the proper state
authorities.
What
happens next?
The By-Law Committee (BLC) remains focused on ensuring that
Fox Point has the best set of By-Laws for our unique needs.
With the advent of the new Public Act and the
Not-for-Profit Statute, the BLC is focused in three major
areas:
1.
Making sure our
Declarations and By-Laws are consistent with Laws and
Statutes
2.
Enhancing the parts of our
Declaration and By-Laws that we can and still be consistent
with Laws and By-Laws. In this area, we plan to review
“contemporary best practices” and recommend those that are
best for Fox Point. This is where input from the HOA is
very welcomed.
3.
Pursue the proper
documentation process leading to a new “finished and filed”
Declaration and By-Laws.
During the remainder of 2010 and throughout 2011 you will
be receiving updates as we work through the items above –
including providing the feedback from the law firm on how
our Declaration and By-Laws are impacted by legislative
changes. In addition, you will likely see proposals for new
and changed By-Laws which will require your vote.
Should you have any suggestions on anything related to Fox
Point’s Declaration and By-Laws, please let us know
at ByLaws@FoxPoint.org.
Additional
Information
To aid in the HOA’s understanding of the Illinois Public
Act, the Illinois General Assembly’s synopsis of “the Act”
is provided below. (Source: www.ILGA.gov)
Synopsis As Introduced
Creates the Common Interest
Community Association Act. Defines terms. Provides that the
Act applies to common interest community associations and
that a community instrument that is inconsistent with the
Act is void as against public policy. Provides principles
for the interpretation of community instruments. Provides
that an initial declaration limiting ownership, rental, or
occupancy of a unit to a person 55 years of age or older
shall be valid and not a violation of the Illinois Human
Rights Act. Provides for the election of a board, meetings,
board functions, and finances of a common interest
community association. Provides that an association may
utilize a management company, but if that company serves
more than one association it shall maintain separate
accounts for each association. Provides remedies in an
action brought by a unit owner against a board or board
members to enforce the Act. Provides that notwithstanding
any bylaws, rules, or other instruments of a common
interest community association, a board may not prohibit
the display of the American flag or a military flag, or
both, on limited common areas or on an owner's unit.
Creates the Service Member Residential Property Act.
Defines terms. Provides that the Act applies to a lease of
residential premises by a service member or a service
member's dependents. Provides that an applicable lease may
be terminated by a service member or the member's
dependents after his or her entry into military service.
Provides for the manner of lease termination and for
arrearages, obligations, and liabilities. Provides that a
violation of the Act constitutes a civil rights violation
under the Illinois Human Rights Act. Provides that remedies
under the Act are in addition to and do not preclude any
remedy for wrongful conversion. Amends the Condominium
Property Act. Provides that the Act does not apply to a
common interest community association that is governed by
the Common Interest Community Association Act. Amends the
Illinois Human Rights Act by adding a violation of the
Service Member Residential Property Act, in addition to 9
other Acts, as a civil rights violation under the
Act.
Resources:
IL SB3180:
http://www.ilga.gov/legislation/billstatus.asp?DocNum=3180&GAID=10&GA=96&DocTypeID=SB&LegID=50929&SessionID=76&SpecSess=
