Required By-Law change majority

Started by ClaudiaT • 4 replies • 1316 views

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ClaudiaT (New York)
Posts: 4

Posted:

What is the usual percentage in most communities to change the By-laws? I am the president of a Condominium community and right now to change our by-laws we need an 80% agreement. We have a hard time getting 80% of the residents to vote let alone agree. The board has been unsuccessful in changing this over the years, but I have some members who want to try again. I'm trying to gather as much information as I can to show the community that most associations require a smaller percentage to change the By-laws and what that is.

RogerB (Colorado)
Posts: 5,067

Posted:

Claudia, to amend the By-laws I recommend a simple majority of the members voting at a duly called members meeting with a quorum consisting of 20% of the members. Have the vote recorded in the minutes and have the minutes approved. Normally this requirement would be in the Declaration. To amend the Declaration I recommend 67% of all owners with approval in writing and filed along with the recorded document filed with the County Clerk.

Colorado passed a statute in 2005 to require 67% to amend the Declaration of Common Interest Ownership Associations. This would override the Declaratation (or By-laws) requirements for association's such as yours. If your state has not passed such legislation your first step is to try to amend the percentage requirement. At 80% this is very difficult as you have experienced.

RogerB (Colorado)
Posts: 5,067

Posted:

Posted By RogerB on 09/23/2006 7:52 AM
Colorado passed a statute in 2005 to require 67% to amend the Declaration of Common Interest Ownership Associations.

Correction: a maximum of 67% or less if an association's Declaration required at least 50+% of the owners.

JanineS (Missouri)
Posts: 2

Posted:

Can someone tell me if the HOA members vote for a by-law change can the change go in to effect asap. Or do you have to file it with the county first?

TimB4 (Tennessee)
Posts: 21,046

Posted:

Janine,

It depends on the State you are in.
The website isn't showing the State of new members so I need to ask, what State are you in?

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