HOAleader.com - Tip of the Week - September 28, 2018
Published: Fri, 09/28/18
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Yes, Some Owners May Be Outrageous. You Still Have to Follow Your Law and
Rules
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In this week’s tip, we discuss an Illinois court decision backing an
(allegedly) incredibly noxious condo owner—who (allegedly) once exposed
his genitals at a condo meeting.
The court upheld the owner’s complaints that his condo board didn’t follow
proper procedure in notifying him of violations.
Boucher v. 111 East Chestnut Condo Association involves what appears to be a
long-running dispute between one homeowner and various members of his
condo’s board and management. It also appears that the plaintiff, Michael
Boucher, may be a difficult homeowner. At least that’s a reasonable
conclusion after reading the court’s opinion.
But the upshot of this case appears to be that no matter how frustrating you
find an owner, you must still follow the law and your own community’s
governing documents.
Here’s the background. In 2013, the condo association notified Boucher
that he’d allegedly violated the association declaration’s provisions
prohibiting obnoxious or offensive activity in any unit or the common
elements. There were two incidents at issue.
In one, Boucher allegedly yelled profanities at an employee about to get on
an elevator with him and demanded she get off the elevator. In another, as he
requested a replacement key card, he allegedly used profanity and demanded
that he be allowed to pay cash for it even though the management office didn’t
accept cash.
The fight wasn’t really over Boucher’s behavior but the board’s actions in
handling the potential violations. The board held a hearing, at which
Boucher and his attorney appeared, and they asked to review all evidence
related to the allegations. The board denied that request. The board also
declined a formal request to provide Boucher a copy of the video or audio
recording of the hearing. It fined Boucher $500, which he paid, and then he
sued.
His lawsuit included three counts:
* The first alleged that the board had retaliated against him, in violation
of his First Amendment rights, for complaining about its and the condo
management’s practices.
* The second alleged that the failure of the board to provide video or audio of
the hearing violated Illinois law requiring boards to make minutes of
meetings available to members.
* The final count alleged that board members breached their fiduciary
duties by concealing evidence against Boucher.
The trial court kicked all three counts to the curb. But read Illinois Court
Overlooks Owner’s Bad Behavior and Holds Board to Its Rules and the Law,
https://www.hoaleader.com/members/Illinois-Court-Overlooks-Owners-Bad-Behavior-Holds-Board-Its-Rules-Law.cfm,
to find out why on appeal, the homeowner scored a hat trick, getting all three
counts reinstated.
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Yes, Some Owners May Be Outrageous. You Still Have to Follow Your Law and
Rules
In this week's tip, we discuss an Illinois court decision backing an
(allegedly) incredibly noxious condo owner--who (allegedly) once
exposed his genitals at a condo meeting.
Click here to read full article:
https://www.hoaleader.com/public/Yes-Some-Owners-May-Be-Outrageous-You-Still-Have-Follow-Your-Law-Rules.cfm
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Illinois Court Overlooks Owner's Bad Behavior and Holds Board to Its Rules
and the Law
An (allegedly) incredibly noxious condo owner--who (allegedly) once
exposed his genitals at a condo meeting--has the backing of an Illinois
court, which upheld his complaints that his condo board didn't follow
proper procedure in notifying him of violations.
Click here to read full article:
https://www.hoaleader.com/members/Illinois-Court-Overlooks-Owners-Bad-Behavior-Holds-Board-Its-Rules-Law.cfm
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HOA Reserves and Other Funding Options: Tips to Be a Smart HOA Money Manager
Join us for an in-depth webinar on September 27 led by three community
association experts--one a manager, one a lawyer, and one a reserves
analyst. They'll explain what you need to know about HOA reserves and other
funding mechanisms.
Click here to read full article:
https://www.hoaleader.com/products/smart-hoa-money-manager-tips-b.cfm
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A Word to the Wise HOA or Condo Before November's Elections
In this week's tip, with the national midterm elections a little over a month
away, we discuss the idea of politicians using your common areas, along with
how you should police signs and other political paraphernalia.
Click here to read full article:
https://www.hoaleader.com/public/Word-Wise-HOA-or-Condo-Before-Novembers-Elections.cfm
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California Lawmakers Give Themselves Sweetheart Condo/HOA Deal; Do Yours
Do the Same?
California lawmakers recently gave themselves the unfettered right to
campaign in associations' common areas--and they don't have to purchase
insurance that covers anything that happens during their events on your
property or even pay for your space.
Click here to read full article:
https://www.hoaleader.com/members/California-Lawmakers-Give-Themselves-Sweetheart-CondoHOA-Deal-Do-Yours-Do-Same.cfm
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