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

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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 10 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.


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