Governance & Board Oversight , Fair Housing, ESA & Disability Rights, Property Management & Agent Accountability

When the Lawyer Becomes the Board 🧨

Jan 29 2026
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At 175 East Delaware Place HOA, an emotional support animal (ESA) denial letter went out “on behalf of the Board” with a two‑day deadline for new medical documentation—even though there is no clear record that the 48‑member Board or 10‑member Executive Committee ever met or voted on that decision. This Governance Ledger – Prairie State Edition explains how attorneys and the community association manager have slipped into a shadow decision‑making role, making high‑stakes calls on disability accommodations, compensation, and other matters that the Declaration and Bylaws reserve to the Board and Executive Committee. Drawing on Common Interest Advisors’ September 2024 forensic investigation and the Palm II precedent, the article shows how this “hybrid” governance model has already produced one ESA lawsuit the owner won, nearly $500K in unauthorized raises and bonuses, and at least twenty documented document‑violations. 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 plain‑language disclosures about who actually decided what and when.

Read on Substack