Condo Association Management Blog

Even though , in my condo association, the board has the authority to change the bylaws, we are also required to provide "notice and comment" to all unit owners prior to making any change. This "notice and comment" allows all unit owners the opportunity to voice their approval/disapproval without actually voting. The board will then work through all responses and make a final determination whether to continue with making the change or leave as is. 
To answer your specific question, read your documents, but a group of owners can always approach the board when unsatisfactory action is done by that board.

Look at the Association's documents. The Association is probably a not for profit corporation. The Articles of Incorporation may well give the Board the authority to amend the By-laws. If not the By-laws should set out how they may be amended.

Our condo board tried to completely re-write the declarations and by-laws, giving more power to the board, restricting use, etc. We were not allowed input, and those who served on the committee said that their recommendations were ignored at the one meeting that was held to discuss the changes. When the vote was supposed to be held (after the new document was e-mailed to homeowners even though not all have email addresses, and the current by-laws state 'US Mail') we voted on some, but not all, of the changes. Not all changes were even noted. The Board invited the Association attorney to attend the meeting, but neglected to tell the attorney why he was there, nor did they give him a copy of the new declarations and by-laws. According to state law governing our Association, changes can only be made by Amendment, and this Board changed the entire document. The attorney said they could not do what they were doing. He was sitting by me at the meeting, and I kept raising questions about the legality, and he kept saying, 'she is right, you cannot do that.' He asked for a copy of the materials I had, and I sent that to him.  
 
So far, the Board hasn't brought up the subject again, but they've been 'after us' ever since, not addressing common and limited common area problems that only affect our unit, gossiping about us to the other homeowners (who know us and do not believe what is being said!), entering our unit without the courtesy of notifying us, and without legitimate reason. 
 
Condo boards can get caught up in the power bestowed upon them by the by-laws, and it's up to the homeowners to ensure they abide by the law. Get with the other homeowners when they overstep their boundaries. And the answer is, yes, you do have a vote and a voice!

It would be very helpful to write the State you reside in when posting questions. Some of us may live in the same state and your question is one we would be interested in. If not, then we can ask questions regarding our state. Thank you.

most state condominium laws contain specific requirements that have to be met to change nthe documents or the bylaws. Thesestate provision take precedence over any conflicting portions of your documents and bylaws. Ijn most states these laws require that a majority vote of the unit owners is required to make any change. In such stgates the Board has no authority under which they can arbitrartily makew such changes. Look up your states laws on condominiums.

Linda, what state on you in?

my board in georgia tried passed new bylawz even though i personnally rounded up the req'd votes to reject the proposal. boards can try to get away with anything if you let them . I stopped them this time but only because i studied and raised support. you are really up against a big fight. even with support it can be rough.

look at your consdo act 
 
http://www.cai-georgia.org/pdfs/Georgia_Condominium_Act.pdf 
 
Fimnd sectyion that deals with process required to permit change in bylaws. Your board may be taking an illegal action.

In most cases, changes can only be made to the declaration with a vote by a supermajority of owners. People who do not vote amount to a NO vote - so it is very difficult to make changes to the declaration. 
 
Also - in most cases - it is possible to demand a Board Member steps down through the use of a special election. If things get out of control with a board member, you will need a defined percentage of owners to sign a document calling for a special election. At that special election, one or more members can be replaced democratically. 
 
You'll have to look for specifics in the state condo laws and your own Declaration.

Most sets of bylaws have a provision which protects Board Members by holding them harmless for their actions if they were done in god faityh. But a violation of the state condominium act is not covered by this exclusion. A violation of law is just that and the board and its individual members can be held liable for any such violation.Most board members mistakenly think they are totally protected from any legal action against them or the board. They are wrong in this circumstance. In egregious cases even the master insurance policy will not pay any claim against them.

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