Condo Association Management Blog

In NJ if 2/3 of the condo owners vote yes to change from 5 to 7 Board of directors then it is legal. You can check your state condo laws. 
 

How was the change to the articles of incorporation handled. Were the changes voted on by unuit owners-were the amended articles properly filed?? 
 
But more important check you state condo law it may dictate the course you must follow to authorize 7 members vs the 5 you now have. I caution you that it is usually difficult to get candidates to stand for election and raising your number may cause you difficulties you never anticipated if you cannot get enough candidates to stand for election.

Do your bylaws contain an article entitled "onflict in documents"? The order of precedence is generally --- 
 
 
 
CCRs 
 
Articles of Inc 
 
Bylaws 
 
Rules 
 
 
 
IMO,your bylaws were illegally amended. What is stated in the  
 
Articles of Inc takes precedence over the bylaws. 
 

Our By-Laws were not amended; it says up to 7. The Association Articles of Inc were amended; it says 5 there, assuming legally/correctly (records only have to be maintained for 7 yrs and this was 2000). We do want the # of BOD higher because we have more retired, interested folks and the 5 that have been on the BOD have been there FOR YEARS.

Most sets of by laws have statement relating to how many terms a member of the board may serve. Usually it is 2 or 3 2 year terms. What do your docu,ents say on this subject?

i checked and the term is 1 year and no limits as to how many years. i also just read that the Articles shall prevail should there be discrepancy betw it and the By-Laws. so, now i have my answer. thank you, veryone.

Some members of my Cambridge condo would like to change the bylaws to make the whole building smoke-free. It seems legal and wise, but may not be popular enough with owners since they assume restriction will lower value and saleability. Has anyone in Cambridge or nearby area of Massachusetts had recent experience which would clarify this issue? Anyone live in a building that changed its bylaws to go smoke-free? Thanks.

To go smoke free you have to establish a rule toat effect. A rule is not the same as a change in the bylaws. You should download your state's condominium act and read those portions which dictate the procedure you need to follow to establish a rule and those that apply to changing the bylaws. Generally a rule change requires a majority vote of the council of unit olwners while a bylaw change requires a 2/3 majority vote of the council of unit owners. Obviousy establish a new rule is the logical course to adopt.

To go smoke free you have to establish a rule toat effect. A rule is not the same as a change in the bylaws. You should download your state's condominium act and read those portions which dictate the procedure you need to follow to establish a rule and those that apply to changing the bylaws. Generally a rule change requires a majority vote of the council of unit olwners while a bylaw change requires a 2/3 majority vote of the council of unit owners. Obviousy establish a new rule is the logical course to adopt.