secured lock Secured with SHA-256 Encryption

In a condo board hearing regarding a noise complaint, can the a board member vote if they are the unit filing the complaint?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

In a condo board hearing regarding a noise complaint, can the a board member vote if they are the unit filing the complaint?

My irritable neighbor below doesn’t like us. They have filed a couple of noise complaints indicating that my guests were loud when using the front stairs. They suggest that the front stairs not be used after hours. I have the complete support of all the other units in the building. I have been scheduled a hearing in front of the board (3 members), in which the complainant is also the president of the board. I don’t believe I’m given a fair chance because of the conflict of interest. As a elected member of the condo association board, he has a responsibility to be a fiduciary.

Asked on September 28, 2011 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to carefully read all recorded documents concerning the association where you live (conditions, covenants & restrictions) as well as association bylaws and rules in that these documents would most likely control the the ability to vote on various issues affecting the association and its members.

Most likely all members of the association that you are in are allowed to vote on all issues before it including the noise complaint against you. Meaning, even if the person making the complaint against you is on the board of directors of your associaiton, he or she most likely will be entitled to vote at the upcoming hearing with respect to the complaint against you concerning noise.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption