The Common Interest Community Association Act (CICCA) has many ofy


f the same requirements but some


significant differences as well. CICCA SectionA


held no less frequently thany no member of thef


CICCA SectionA


CICCA SectionA may votey


y


1-25 provides that an election be every 24y months and that


board shall be elected for a term of


more than 4 years. (Unlike the CPA which requires an annual meeting with a maximum two-year term)


class of membershipf


1-30 (f) permits more than one provided that the declaration,


bylaws or operating agreement so provides. In theory, this would permit occupancy requirements as a condition of board membership.


(1) by proxy, (2) by utilizingy


1-25(h) (5) provides thatmembers an association


issued ballot in person at the election meeting, (3) by utilizing an association issued ballot to the association or its designated agent by maily delivery specifiedy any electronicy


or other means of


in the declaration or bylaws or (4) by or acceptable technological means.


CICCA SectionA


electronic or acceptable technological means. Similar to the CPA, if thef


1-25 (i) addresses voting by association adopts a rule permitting


electronic voting, proxies are prohibited. Instructions WE PROVIDE COMPLETE


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     


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 


VW 


ASPHALT REMOVAL & REPLACEMENT 


RESURFACING 


SEALCOATING 


PAVEMENT MARKING 


CRACKFILLING 


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CONCRETE SERVICES


regarding the use of suchf y


voting must be distributed


to all members not less than 10 nor more than 30 days before the election meeting. The instructions must also include the names of all individuals who have provided timely written


notice of their candidacy andy they musty


permit the voter to cast votes for candidates whose names do not appear on the ballot. This may effectively circumvent association procedures


prohibiting


“nominations from the floor” as the member will be able to write in a name on the ballot that is submitted electronically. Finally, as in the CPA, a member may change his or her mind and cast a ballot in person at the election meeting and thereby voidy submitted by they


any votey member.


The failure to comply withy y


for elections may easily result in the election being successfully challengedy to the board of managersf


the statutory requirements causingboththeembarrassment


and additional expense to


the association when the election has to be repeated. Additionally, to the extent an election was improperly conducted, there is a risk thatk


who as a consequence do not properly constitute the actions they take.y


the “board members”, y


board, may lose certain legal protections and find themselves with personal liability fory


previously


“A NAME IN THE BUSINESS FOR FOUR GENERATIONS” Toll Free: 800-884-4728


Office: 847-634-6089 Fax: 847-459-9144 www.duboispaving.com  info@duboispaving.com 12 | COMMON INTEREST® A Publication of CAI-Illinois Chapter


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