[s-cars] Condominium Association

[auditechni at yahoo.com]

Darren Jackson
4406-1 S. Prairie
Chicago, IL 60609
(773) 624-4118 (home)
auditechni at yahoo.com
October 8, 2003

Dear Prairie Place Luxury Condominium Association:

I am writing regarding recent decisions made by
members of the association. Unfortunately, many recent
decisions, votes and changes that have taken place in
September and October are not compliant with the
association’s bylaws. I have attempted on several
occasions to function in my capacity as President of
the board and association when I was elected on
February 1, 2003; however, association members have
disregarded the bylaws and the Illinois condo act, and
made decisions without the approval of the board of
managers or the association that has caused an
extraordinary amount of problems.

On Tuesday, September 16, 2003, Cheryl Matthews
contacted association members via email requesting a
vote on hiring a management company. In Cheryl’s email
which is attached for your review, a vote was
requested by September 18, 2003.  Based on an email
from Danielle Washington on Friday, September 26, a
decision was made to hire T.A.G. Properties to manage
the association.

Per the association’s bylaws, (page 23) Article XIII,
Section 1 (c) states “The Board shall elect from among
its members a President who shall preside over its
meetings and over those of the Voting Members. The
President shall be the chief executive officer of the
Board and the Association and shall execute amendments
to the Condominium Instruments. Any voting that occurs
must occur at an official meeting called by the
President.  Article XIV, Section 2 states “……The
presence in person or by proxy at any meeting of the
Voting Members having at least a majority of the
Voting Members and Voting Members having at least a
majority of the total votes shall constitute a quorum.
Unless otherwise expressly provided herein, any action
may be taken at any meeting of the Voting Members at
which a quorum is present upon the affirmative vote of
the Voting Members having a majority of the total
votes presented at such members. In essence, any votes
should occur at an official meeting in which the
President should preside.

There is a huge misperception that any association
member can call for a vote at any time. This belief is
not in accordance with the bylaws and any action that
takes place outside an official meeting is not valid.
The General Powers of the Board listed in Article XIII
Section 2.8 of the bylaws which began on page 24
states “The powers and duties of the Board of Managers
shall include, but shall not be limited to the
following matters:…”(5) Employment and dismissal of
the personnel necessary or advisable for the
maintenance and operation of the Common Elements. (8)
Adoption and amendment of rules and regulations
covering the details of the maintenance,
administration, management, operation, use,
conversation, and beautification of the Property, and
for the health, comfort, safety, and general welfare
of the Unit Owners and Occupants of the Building,
after a meeting of the Unit Owners called for the
specific purpose of discussing the proposed rules and
regulations, notice of which shall contain the full
text of the proposed rules and regulations and which
shall conform to the requirements of Section 18(b) of
the Act………

A board meeting was held on Wednesday, October 1, 2003
to discuss issues forwarded by Marie Joachim regarding
reimbursements of expenses. The board per the bylaws
is made up of a President, Secretary and Treasurer.
(Read page 23 of the by-laws) The association elected
me President, Danielle Washington, Treasurer, and
Cheryl Matthews, Secretary on February 1, 2003. A
vice-president and assistant secretary are not
official officers and not compliant with the bylaws.

Prior to the board meeting, emails were sent by Marie
Joachim requesting a response on reimbursements by
October 1.  I also sent an email on Septmber 30
indicating the board should meet to address Marie
Joachim’s request in addition to matters relating to
building damage and other reimbursements.

At the board meeting on Wednesday, October 1, a vote
was held on expense reimbursements for damages to
units. Association members were present and voted on
motion presented. I notified the board that I had to
leave the meeting and adjourned the meeting. Votes
were taken outside an official meeting and I received
an email on Wednesday, October 1 from Cheryl Matthews
informing me of the following:

·	I was removed as President of the Association.
Per the association’s bylaw’s, Article XIII, Section 1
(d) states “Any Board member may be removed from
office by affirmative vote of the Voting Members
having at least two thirds of the total votes, at any
special meeting called for that purpose. A successor
to fill the unexpired term of a removed Board member
may be elected by the Voting Members at the same
meeting or any subsequent meeting or special meeting
for that purpose. As I have stated twice, the purpose
of the October 1 meeting was to discuss reimbursement
issues. If association members sought to remove me
from office, it should have been done in compliance
with the association’s bylaws. Therefore, the vote is
invalid and I remain President of the Association.
Please read page 23


·	To instate a $50 return check fee.
Per the association’s bylaws, Article XIII, Section 1
(c) states, “The Board shall elect from among its
members a President who shall preside over its
meetings and over those of the Voting Members. The
President shall be the chief executive officer of the
Board and the Association and shall execute amendments
to the Condominium Instruments. Any voting that occurs
must occur at an official meeting.  Article XIV,
Section 2 states “……The presence in person or by proxy
at any meeting of the Voting Members having at least a
majority of the Voting Members and Voting Members
having at least a majority of the total votes shall
constitute a quorum. Unless otherwise expressly
provided herein, any action may be taken at any
meeting of the Voting Members at which a quorum is
present upon the affirmative vote of the Voting
Members having a majority of the total votes presented
at such members. Votes must occur in an official
meeting in which the President should preside.  The
board meeting had been adjourned and this motion is
invalid per the bylaws. Please read Page 22-23



·	That any unit found to be non-compliant with the
rules, regulations and bylaws of the association shall
automatically forfeit all voting rights.  Article XIV,
Section 1 states “There shall be one person with
respect to each Unit who shall be entitled to vote at
any meeting of Unit Owners. Such Voting Members shall
be the Unit Owner or one of the groups composed of all
the Unit Owners of a Unit, or may be some person
designated by such Unit Owners to act as proxy on his
or their behalf and who need not be a Unit Owner…….
The total number of votes of all voting Voting Members
shall be 100, and each Unit Owner or group of Unit
Owners shall be entitled to the number of votes equal
to their total percentage of ownership in the Common
Elements applicable to his or her Unit ownership as
set forth in Exhibit B A Unit Owner’s rights can never
be forfeited unless the Unit is sold.  Please read 27.
Also, per the Illinois Condominium Property Act,
members who own property within a condominium
association shall have rights and privileges of all
association members.


·	That the position of any officer found to be
non-compliant with the rules, regulations and bylaws
of the association shall be suspended.
Per the association’s bylaw’s, Article XIII, Section 1
(d) states “Any Board member may be removed from
office by affirmative vote of the Voting Members
having at least two thirds of the total votes, at any
special meeting called for that purpose. A successor
to fill the unexpired term of a removed Board member
may be elected by the Voting Members at the same
meeting or any subsequent meeting or special meeting
for that purpose. Board members cannot be randomly
removed from office unless a special meeting is called
for that person. Please read 23.

·	That any unpaid fines or fees shall double in amount
after 30 days and continue to double until payment has
been made.
The board meeting had been adjourned and this motion
is invalid per the bylaws because voting must take
place in the context of a meeting where the President
presides. Please read Page 22-23

·	The unit owner shall be responsible for payment for
the cost of filing for liens placed on their unit. The
board meeting had been adjourned and this motion is
invalid per the bylaws. Please read Page 22-23

·	That the dog that resides in unit 1 will no longer
be allowed to be in the backyard of the building. The
dog will only be allowed in the backyard to be walked
out of or into the back gate.  If the aforementioned
dog is found to be in the backyard longer than the
time it will take to be walked in or out of the back
gate and/or into or out of the back door of unit
4406-1 then arrangements will be made to have the dog
permanently removed from the premises. The board
meeting had been adjourned and this motion is invalid
per the bylaws. Rules cannot be specific to any one
owner. This “motion” is discrimination against one
unit and rules must be applicable to all owners.
Please read Page 22-23 Article XVI, Section 8 states
“…pets may be kept in Units subject to the rules and
regulations adopted by the Board,…..that any such pet
causing or creating a nuisance or unreasonable
disturbance shall be permanently removed from the
Property upon three (3) day’s written notice from the
Board. Neither the Board nor the Association has
adopted any rules regarding pets. Again, The board
meeting had been adjourned and this motion is invalid
per the bylaws.

·	That fees and fines shall be deducted first from for
any payments made to the association.  Then the
remaining payment will be applied to the assessment
dues.  If after the deduction of fees and fines are
made and the remaining monies do not amount to the
assessment then that assessment payment will be
considered unsatisfied and be subject to and fees and
fines applicable. The board meeting had been adjourned
and this motion is invalid per the bylaws. (Page
22-23)

It has been extremely difficult to function in my
roles as President because there are many
interpretations of the roles and responsibilities of
the Board and Association. It is also painfully
obvious that neither the Board nor the Association can
manage its affairs.

Please allow this letter to serve as official notice
of the following:

1.	I remain President of the Association. I will call
a meeting of the association to address any issues and
allow new officers to be elected in November
(including the vacated vice president and treasurer
positions) and will provide proper notification that
compliance with the association’s bylaws.
2.	Any contracts signed with T.A. G. Properties are
invalid because neither the Board nor the association
approved the contract. Also, the contract lists
Danielle Washington as President, which is inaccurate.
3.	I am seeking legal counsel to resolve any and all
issues that need to be addressed on my behalf. I will
call an association meeting in November to address all
outstanding issues. If association members chose not
to attend the meeting, I will file an injunction
seeking to cease and desist any actions of the
association outside of normal operating procedures.






Please contact me if you have questions.

Regards,




Darren Jackson
President






Cc: Doris Reynolds, Esq.
Lavon Johns-Harris, Esq.
Marie Joachim
Danielle and Deometris Washington
Juanita Mann
Dwight and Elyse Turner
Cheryl Matthews



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