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Forums > Homeowner Association > HOA Discussions
Subject: Required By-Law change majority
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Author Messages
ClaudiaT
(New York)

Posts:4
09/23/2006 5:46 AM  
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:4686
09/23/2006 7:52 AM  
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:4686
09/23/2006 7:57 AM  
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
01/11/2012 9:43 AM  
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
(Virginia)

Posts:3806
01/11/2012 4:00 PM  
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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Forums > Homeowner Association > HOA Discussions > Required By-Law change majority


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