Your condo documents should clearly state how the bylaws can be amended. Not sure what state you are in, but in Florida the state statutes clearly state how they can be amended as well
The condo association I work for is in the process of changing its bylaws and it's a lengthy, legal, time-consuming PITA. As stated above, the original declaration and bylaws should detail the process re: changing the bylaws - there should also be a state condo statute detailing the process.
Be prepared for a monumental task - I am actively involved in this project here and it is enormously time-consuming. My suggestion is to consult an attorney in your state who specializes in condo law - in a condo development of 200 condos, I would think you have money in the budget for legal fees and a consultation with a qualified attorney is money well-spent, in my opinion. You may not even be charged for the initial consultation, but even if you are - again, money well spent!
What state are you in? I'm happy to share my knowledge if you happen to live in New Hampshire...
You will need a copy of your Articles of Incorporation, Covenants, and current Bylaws. Every state and local municipality (county or city) may influence the wording of each. In addition, variations can be a result of attorney or developer preferences as well the year the documents were created.
With all that information you will need to understand if the wording in one document supersedes another to determine the appropriate process to achieve the desired results.
Once you have done your homework you may decide to place in a lawyers hands as previously mentioned but now you will have the knowledge to ask pertinent questions and comprehend what advise the lawyer provides.
Read your condo bylaws. Here's what mine in FL says:
Amendment of Bylaws
The Bylaws of the Association may be modified, amended or revoked, unless specifically prohibited elsewhere herein, at any regular or special meeting of the members of the Association by not less than seventy-five per cent of the votes of the entire membership of the Association, provided that not less than ten days' notice of said meeting has been given to the members of the Association, which notice contained a full statement of the proposed modification, change or revocation.
Don't over complicate it. You need 3 things: 1. A clear understanding of what you want to accomplish. 2. You need a local law firm familiar with condo law, then 3. an effective means of communicating the desired changes to the appropriate parties to obtain a quorum of votes to effect change.
All of the above comments were good info. If you need a lot of changes ask your attorney about using a template and inserting specific changes you want. If you only have a few changes consider only amending the documents. It could save you a lot of time and money. There are many examples on the internet to check out. Look at the luxury condos, you can get a lot of ideas as they usually have spent more money on the project. It is easier to edit than to create from scratch. We have learned a lot of what to do and what not to do through experience. Our condo has 225 units in 2 buildings. Actually, we are one association with 2 condos.
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Thank you for your sharing
Are there any Michigan condominium owners interested in meeting to discuss options to make our legislators more aware of the problems we encounter with respect to Condo Association Boards, and management companies.
Has our state government taken a look at the risk of corruption and lack of accountability in all condominiums. This should worry anyone who believes condominium boards are transparent and free of corruption. Of course, no condominium is without flaws. Unfortunately, nearly every state’s regulation of condominiums should give residents cause for concern.
There is no accountability in most state government for condominiums, which includes disclosure, financing , internal auditing, open meetings, and ethics enforcement. A review of the boards by residents, and watchdog groups, is essential to encourage board integrity. One of the most widespread issues throughout these condominiums is the lack of public access to information, which, is key to preventing other kinds of corruption and conflicts of interest from occurring. When you think about it, that is really the root of transparency. If residents can’t see how their board does business and decision-making, that’s a real problem Condo boards risk corruption without powerful watchdog agencies. In many states, the existing laws intended to ensure ethical action by condo boards lack real power. What we need in terms of corruption risk, is a statewide ethics commission. I suggest the reason many states need watchdog organizations is that the elected boards consistently vote in favor of restricting resident information, and preserving their power.
Not surprisingly, the way to make boards have high accountability is by watchdog groups. This would lead to strict enforcement measures that would keep boards honest, and make information readily available. We as individuals should not be forced to hire an attorney everytime we need help with a board’s actions.
Leah Kulin Contact Email: email@example.com