The Association is a legal corporation organized and incorporated under the laws of your state. The Association has Articles of Incorporation that entitle the association to exercise powers of a corporation. By purchasing a home within your community association, you automatically become a member of the association and will remain so for as long as you own your home. Membership in the association is mandatory and automatic for all owners. The deed to each lot, parcel or unit specifically designates that the property owner will comply with the Covenants, Conditions, and Restrictions (CC&R’s) or Declaration of Condominium Ownership, of the association. You should have received a copy of these documents at the time your home purchase was closed by the title company. As a property owner in a community oor condominium association, you will be required to pay assessments, abide by the community association's rules and restrictions and maintain those areas of your home or unit for which you are responsible.
Records and reports of the association are available to the members based upon law established under your state. For specific information on what is available to you as a member, please contact the management company.
- Pursuant to the Bylaws:
- Election of the Board of Directors
- Removal of a member of the Board of Directors
- Call for a special meeting of the members pursuant to the bylaws
- Pursuant to the CC&R’s
- Voting on increasing the maximum annual assessment, if over a set amount
- Voting on amendment to Articles, Bylaws, and CC&R’s
Board of Directors
Your Association is a non-for-profit organization that should be incorporated in the State of Illinois. As such, the Board’s responsibility is to run the business of the corporation. The board has a fiduciary responsibility to the stockholders or owners of the corporation. This includes timely collection of assessments as well as payments made for services provided to the Association. In general, the Board Members are the decision makers for the Association. The Board Members are individual homeowners within the same association and who are elected to that position by their fellow members of the Association. All affairs of your association are governed by the Board of Directors. If you are living in an Association that is still being developed, the members of the Board may be appointed by the developer of your community until such time as control of the association transitions to the homeowners.
The directors are owners, like yourself, that are elected by the membership.
- Pursuant to the Bylaws: (includes, but is not limited to)
- Fill a vacancy on the Board of Directors
- Establish rules and regulations for the association
- Set the annual assessment rate
- Contract for services of the association (management, landscape, maintenance, etc)
- Use and disburse association funds
- Establish committees
- Enforce the governing documents
- Elect officers of the Board
- Prepare the annual budget
- Insure the association
- Invest excess funds controlled by the Association
- Pursuant to the CC&R’s
- Establish an architectural review committee
- Collect assessments
- Establish the standard of care for the maintenance of the common areas
- Interpretation of the wording in all governing documents
The members of the association vote to elect the Board of Directors (unless the association is still under declarant control). Each association has specific bylaws outlining the process for board elections. Generally speaking, the board elections take place on an annual basis either prior to (in the case of absentee ballots) or at the annual meeting of the members (proxies and ballots). Positions usually become vacant and are normally filled during the Annual Meeting. During the Annual Meeting a vote is taken for the nominees who are running for a position on the Board. All the votes will then be tallied and the results announced. Boards of Directors can have more than one position when their position consists of two roles i.e., Secretary / Treasurer.
Any owner can run for a position on the Board. A few governing documents allow for non-owners to run; a few require the candidate to be "in good standing"; and a few require the owner to reside within the association. Individuals who volunteer their time to be on / run for the Board of Director or to serve on a Committee are people who have the time to serve the Community and are well informed about the legal documents for their subdivision. This is strictly voluntary and there is no compensation for their efforts except for the fruits of their labors shown at the end of the year.
The Board has the power to appoint committees and committee members as deemed appropriate and to delegate to said committees such powers and duties required to execute and enforce the committee’s responsibilities. Committees advise the Board on all matters pertaining to their Committee.
The definition for Proxy is “the function or power of a person authorized to act for another. The person so authorized.” The purpose of a proxy is important as it allows for voting and establishing a quorum in order for business to be conducted.
A Proxy Form should be completed if you do not plan on attending the meeting be it Special / Annual. The form should be completed and signed by you the homeowner, naming your proxy holder such as your neighbor, or it can be the Secretary of the Board, or or another individual who will be in attendance. Proxies must be presented prior to the opening of the meeting and the proxy holder needs to be present at the meeting in order to submit your vote. It is recommended that if you are unable to attend the meeting that you exercise your right to vote by proxy and to assist, for a quorum to be met.
In general, each association will have mandatory committees (e.g. architectural review committee and/or nominating committee). An Association may also have standing committees (e.g. finance, landscape, newsletter). There may also be ad-hoc committees, temporarily created for specific one-time items (e.g. selection of a refuse provider). Members of committees are appointed and removed by the Board of Directors. The primary function of the committee is to render a recommendation to the Board on the subject matter of their committee. This recommendation, once delivered to the Board of Directors, is then approved/rejected by the Board.
Your Board of Directors can only be reached through your Community Association Manager. However, you have plenty of options when it comes to communication. You can call your Community Association Manager at 847-490-3833 during the hours of 8:30 am - 5:30 pm; you can email your Community Manager at their individual email address; or you can put your request, issue or concern in writing to 50 E. Commerce Dr. Suite 110, Schaumburg, Illinois 60173. Vanguard also provides for all of their clients a group of cross trained individuals in our Customer Service Department that are always available to help you in a variety of situations.
Your Board of Directors makes decisions for your Association. However, they volunteer for these positions and receive no money for the jobs that they perform. Vanguard represents the Board and your Association, which entails being a contact for all communications addressed to the Board. Also, legally we are not allowed to give out personal information of any homeowner including your Board of Directors.
Homeowners / Lot owners / condominium owners usually have one vote for every lot / property / unit owned. For elections, each home, lot, or unit gets one vote per open position.
Budgets and Assessments
Yes. All owners are mailed copies prior to the new year, whether fiscal or calendar. Additional copies are available through Vanguard. The budget is established by the Board, with the assistance of the management company.
Your Community Association Manager can provide you with this information. However, your Association has an Annual Meeting where your Board of Directors discusses the financial aspects of the Association with the homeowners. Attending this meeting can be very enlightening and helps each homeowner understand the workings of it's Association.
In order for the Board to accomplish the many tasks for which it is responsible, the association needs operating funds for daily maintenance, repairs, administration and adequate Reserve funds for major repairs or replacements of capital items. As a member of the association, you are required to pay a share of the costs.
The Annual Assessment may be adjusted by a majority vote of the Board of Directors but shall not be increased by more than a certain percentage, in certain instances and dependant on your Governing Documents. In applicable situations, anything above that percentage may require a vote by the homeowners, by proxy or in person.
In addition to your Assessment, set by the Board, the Board may levy a Special Assessment. The governing documents, and for Condominiums, the Ilinois Condo Act, provide the guidelines for impementation of a Special Assessment.
The difference is the terminology; it all points to the same thing, your mandatory Monthly, Quarterly, or Annual Assessments, whichever pertain to your association.
Other Questions
Contact Vanguard. All requests for documents, account statements and resale certificates should go through the Resale Department. However, if your Association has a website you can view a copy of the documents.
Payment should be sent to the lockbox:
Name of HOA
C/o Vanguard Community Management
50 E. Commerce Dr. Suite 110
Schaumburg, Illinois 60173
Also, please remember to put your account number on your check before mailing.
Visit Vanguard’s website http://www.vanguardcommunity.com/. Click on “Homeowner Assistance”, where you can input your information and an email can be forwarded to the relevant department in order to update your information in our system and confirmation may be sent via postcard or email.
Any exterior modifications or additions to your home or any structural changes must have prior written approval from your Architectural Control Committee (ACC). For information, applications and further details, contact us. You should note that this approval process may take up to thirty days; therefore, do not schedule any construction work or purchase any equipment until written approval has been received.
NO. Unless the problem is one causing a common area problem or a direct violation, homeowner disputes should be settled between the parties involved. Your Board is not there to serve as referee between neighbors. In any community, whether governed by an Association or not, homeowners run into personality clashes, pet problems, and other neighborhood issues. Often, the problem can be easily resolved to the satisfaction of both parties with no hard feelings, with open communication between the parties.
Common area / facility refers to all property leased, owned, or maintained by the Association. This is mainly for the sole use and benefit of the members in your Association. It may include but is not necessarily limited to private streets and alleys; signs; fountains; statuary; swimming pools and adjacent buildings; recreation sites, with associated furnishing; tennis courts and associated equipment; landscaping; with or without sprinkler systems; walls; bridges, safety lanes; green belts with or without trails; parking lots; median islands in cul-de-sac streets; centralized mail boxes, which may be existing or potentially built in the future.
Vanguard provides our customers a Resale Department with individuals whose main objective is to help your buyer and yourself complete your transaction in a timely manner.
Management Questions
Your Community Manager performs many tasks for your Association and sometimes these tasks require them to be away from the office. These tasks consist of but are not limited to: weekly inspections, meeting with vendors and Board Members and visiting with homeowners. There are also times when a Community Manager is in the office but is unavailable because they are on the phone conducting business with other homeowners, vendors, or Board Members.
Complaints should be submitted in writing to Vanguard Community Management, 50 E. Commerce Dr. Suite 110, Schaumburg, IL 60173. Complaints should state the problem, identify the offending homeowner, and the date(s) of the offense(s). Just as in any court of law, the offender has the right to know who is complaining and what he/she is being accused of, should the complaint result in a hearing. Anyone accused of violating the governing documents is entitled to a hearing before the Board. Owners submitting complains should be sure of the facts before filing complaints to avoid unnecessary conflicts.
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CONTACT
50 E. Commerce Suite 110 Schaumburg, IL 60173 Tel: 847-490-3833 Fax: 847-490-9807
24012 W. Renwick Road Suite 220 Plainfield, IL 60544 Tel: 815-886-0953 Fax: 815-886-2660
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