Q&A: Irregularities in Voting

Q I have a couple of questions about the events that took place prior to and at our board election meeting in April 2015.

A letter was sent out from the management company prior to the meeting with the date and the time. It said that a list of candidates would be presented at the meeting and if anyone else wanted to run they could announce that at the meeting. A proxy was included with the letter and it said that if an owner couldn’t be present, then they could assign someone to vote for them and send to the management company or to a board member.

After the management company letter was sent out, one board member and two non-board members sent a letter out to some owners that said they were running for the board; they trashed an upcoming balcony project by saying it was not financed properly and asked for people to assign their proxy to the one board member in the letter.

At the board election meeting, the one board member who was included in the above letter told everyone that each person had to vote for the three (3) open positions (five (5) people ran for the three (3) board positions). Meaning that even if someone didn't want to vote for a candidate they were basically forced to vote for three people. There is nothing in our association bylaws that indicate elections should be held this way.

It does say in the Illinois Condominium Property Act (ICPA) and our bylaws that if the board chooses to disseminate information about the meeting and candidates that all candidate information should be included. Many of us believe the letter that was sent out by the one board member (and two non-members), thereby breaking the Illinois condo act and our bylaws, and we do not feel that being told at the election meeting that we had to vote for three people (for the three positions) was appropriate. Do we have any recourse after the fact?

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