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Making amendments to condo association bylaws

Posted on Thu, Mar 11, 2010 @ 07:11 AM
  
  
  
  
Our New York 55+ condo association just sent out a letter about an addition to the condo association bylaws, not an amendment. Also included in the encondo association bylawsvelope is ONE page containing both 1) a proxy that specifically names the Secretary of the Board as the person to act on the proxy, and 2) a voting form that requires the homeowner to enter their name and address. Homeowners are directed to respond with a vote or proxy by March 15. A meeting on the issue will be held on March 25. Our bylaws clearly state that a meeting to discuss amendments is required before a decision is made on amending bylaws. Isn't all of this illegal? The last amendment was passed the same way a year ago.

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New York state condominium act would override any procedures that may be in your bylaws. All procedures in your bylas could very well be void if a ruling came out as part of the condo act after the date of yoru bylaws. contact the dept in yoru state that hadles the condominium act for clarification. But dont assume that whats in yoru bylaws is the way it has to be. My opinion of course.

posted @ Thursday, March 11, 2010 7:43 AM by David Weiner


In my experience, amendments usually take 1-2 years. Amendments typically fail when done per your example, because there is little or almost no communication in what the amendment is. Any addition to your bylaws is still an amendment, because your are amending (changing) the original document, even if it is just an addition. It would appear that the amendment process is not being done correctly. I would ask if an attorney is involved, and if the board is following the recommendations of legal counsel.

posted @ Thursday, March 11, 2010 8:06 AM by Joe Schuirmann


First, as Joe mentioned, an addition to the bylaws is an amendment.  
 
Second, it does seem to me that there is a meeting, which will be held on March 25. I'm a bit confused--are you not allowed to attend the meeting? Can you not attend, debate the issue, and cast your ballot then? 
 
Third, you should probably contact an attorney as well as a professional parliamentarian. There are a lot of issues here that both experts would need to work out--both legally and procedurally. 
 
Good luck, 
 
Jacob

posted @ Thursday, March 18, 2010 8:01 AM by Jacob D. Gerber, CPP-T


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