Summary
Every owner of a Lot in Prestonfield is automatically a member of the HOA. Membership and voting rights are appurtenant to Lot ownership — they transfer with the Lot and cannot be separately assigned. Each Lot carries one vote (“Voting Member” status). The Declaration distinguishes between ordinary Board decisions, actions requiring a 2/3 member vote, and actions requiring a 75% member vote.
Membership
| Rule | Source | Section |
|---|---|---|
| Every Lot owner is automatically an HOA member | Declaration 2004 | Article 4 |
| Membership is appurtenant to Lot ownership; transfers with the Lot | Declaration 2004 | Article 4 |
| Membership cannot be separately assigned or transferred | Declaration 2004 | Article 4 |
| Each Lot = one vote (one “Voting Member”) | Declaration 2004 | Article 4 |
Vote Thresholds by Action
| Action | Vote Required | Source |
|---|---|---|
| Special assessment | 2/3 of Voting Members | Declaration 2004, §7.02 |
| Legal action to collect assessments (general) | 75% of Voting Members | Declaration 2004, §7.02 |
| Declaration amendment | 75% of Voting Members OR owners of 75% of Lots | Declaration 2004, Article 11 |
| Revocation of Declaration (ending covenants) | 3/4 of owners | Declaration 2004, Article 11 |
| Board attendance rights (condo-style) | NOT applicable — Section 5.09 expressly excludes Illinois Condominium Property Act rights | Declaration 2004, §5.09 |
Meeting Quorum and Voting Rules (By-Laws)
| Rule | Source | Section |
|---|---|---|
| Member meeting quorum: 20% of Voting Members (~43 of 217) | By-Laws 2004 | 4.02 |
| Default member action: majority of members present at quorum meeting | By-Laws 2004 | 4.02 |
| Special meetings may be called by 20% of Voting Members | By-Laws 2004 | 4.04 |
| Proxies: written, revocable, valid 11 months, filed with Secretary | By-Laws 2004 | 4.01 |
| All meetings governed by Robert’s Rules of Order | By-Laws 2004 | 4.02 |
Board Meeting Attendance
Section 5.09 of the Declaration states that homeowners do NOT have the right to attend Board meetings under the Illinois Condominium Property Act. The Declaration explicitly disclaims common interest community association status (Recitals), so the condo-statute attendance rights do not apply. Board meeting attendance is at the Board’s discretion.
Note: The By-Laws require Board meeting notices to be posted conspicuously on the Premises (§5.06) so owners are aware of upcoming meetings, but this does not grant a right to attend. See meeting-procedures.
History
No meeting history recorded yet.
Open Questions
- For Lots with multiple co-owners, the Declaration likely provides a mechanism for designating which co-owner exercises the vote, but the specific provision was not excerpted in the available text.
- The “exceptions” to the 75% litigation vote requirement referenced in Declaration §7.02 are not enumerated in the available text.