At 175 East Delaware Place HOA, an emotional support animal (ESA) denial letter went out âon behalf of the Boardâ with a twoâday deadline for new medical documentationâeven though there is no clear record that the 48âmember Board or 10âmember Executive Committee ever met or voted on that decision. This Governance Ledger â Prairie State Edition explains how attorneys and the community association manager have slipped into a shadow decisionâmaking role, making highâstakes calls on disability accommodations, compensation, and other matters that the Declaration and Bylaws reserve to the Board and Executive Committee. Drawing on Common Interest Advisorsâ September 2024 forensic investigation and the Palm II precedent, the article shows how this âhybridâ governance model has already produced one ESA lawsuit the owner won, nearly $500K in unauthorized raises and bonuses, and at least twenty documented documentâviolations. It then outlines a practical reform plan: routing ESA and disability decisions through recorded Board or Executive Committee votes, tightly limiting delegations to counsel and management, and providing owners with plainâlanguage disclosures about who actually decided what and when.
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