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  1. #1
    Join Date
    May 2011
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    1

    Default How to Get a Copy of Condo Association Contract With Management Company

    My question involves a condominium located in the State of: Illinois

    I am a board member. I am trying to get a copy of our contract with our management company. The management company says I have to get it from the President of the board. The president is refusing to give me a copy. He wants to know my intentions. I just want to see the contract. The management company says they will only take request from the president of our board, and it is in our contract. I want to send a letter to a violator but the president just ignores it (which is a friend of his). Also since we have many different cars from the last time we ask people to update their vehicle information, I want to send that out to all unit owners so we know who’s cars are who. The management company says and directive has to come from the president. The other board members are not interested in fighting, the president always says whatever just to quiet their concerns, plus he can be intimidating. Also some of our by-laws are vague, and he says it is his interpretation is what counts. He interprets what they mean which is always in his and his friends favor. Do I have any leg to stand on, or the president can do as he wishes? Sorry for the long message.

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Get a Copy of Condo Association Contract With Management Company

    Run for the board?

    I expect that we're dealing with a general nonprofit corporation, so you have rights under the following statute. (You may have to bring in a lawyer if you want to enforce those rights):
    Quote Quoting 805 ILCS 105/107.75
    Sec. 107.75. Books and records.

    (a) Each corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, board of directors and committees having any of the authority of the board of directors; and shall keep at its registered office or principal office a record giving the names and addresses of its members entitled to vote. Any voting member shall have the right to examine, in person or by agent, at any reasonable time or times, the corporation's books and records of account and minutes, and to make extracts therefrom, but only for a proper purpose. In order to exercise this right, a voting member must make written demand upon the corporation, stating with particularity the records sought to be examined and the purpose therefor. If the corporation refuses examination, the voting member may file suit in the circuit court of the county in which either the registered agent or principal office of the corporation is located to compel by mandamus or otherwise such examination as may be proper. If a voting member seeks to examine books or records of account the burden of proof is upon the voting member to establish a proper purpose. If the purpose is to examine minutes, the burden of proof is upon the corporation to establish that the voting member does not have a proper purpose.

    (b) A residential cooperative not‑for‑profit corporation containing 50 or more single family units with individual unit legal descriptions based upon a recorded plat of a subdivision and located in a county with a population between 780,000 and 3,000,000 shall keep an accurate and complete account of all transfers of membership and shall, on a quarterly basis, record all transfers of membership with the county clerk of the county in which the residential cooperative is located. Additionally, a list of all transfers of membership shall be available for inspection by any member of the corporation.
    I expect that the board will take the position that "just because" is not a proper purpose under the statute. They may try to argue that the contract doesn't fall under the statute, but I expect that it is part of the record in association with the vote approving the contract.

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