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By CondoAssociation.com • October 5, 2017

Can HOA vote to take title to parking space?

Our HOA recently took clear title to a deeded parking space. We want to put it up for sale so any owner has the chance to purchase it. Our declaration seems vague on how we need to go about this. 

Pursuant to the Declaration of Condominium Ownership and of Easements, Restrictions Covenants and By-Laws for the XXXX Condominium Association, as amended from time to time (“Declaration”), each parking space is considered a “Unit”, and “shall be conveyed by a deed and the owner of such Parking Space shall be a Unit Owner for the exclusive use to park vehicles.” (¶¶1.23, 2.01(b), 2.01(e)). Both the Declaration and the Illinois Condominium Property Act (“Act”) require that “the purchase or sale of…units…on behalf of all unit owners” must be “subject to the affirmative vote of not less than 2/3 of the votes of unit owners at a meeting duly called for that purpose”. (Act at §18(b)(13); Declaration at ¶5.04(b)). To obtain the necessary ownership vote to sell the Space, the Board must call a special meeting for the purpose. Pursuant to the Declaration, special meetings of the voting members may be called by written notice authorized by a majority of the Board, or by the President of the Board. (Declaration at ¶5.04(c); Act at §18(b)(5)). Such notice shall be delivered not less than 10, and no more than 30 days prior to the date of the meeting. (Declaration at ¶5.04(c)). The notice of the special meeting to consider sale of the Space must specify the date, time, and location of the meeting, as well as the matter to be considered. (Declaration ¶5.04(c)). 

My question is around the "subject to the affirmative vote of not less than 2/3 of the votes of unit owners at a meeting duly called for that purpose". 

Does this mean if we have 15 owners show up to the special meeting and vote, along with 15 proxy votes, we have a total of 30 votes. 20 of 30 votes are required to say YES to the sale of the parking space. 

OR, if there are 300 units in the building we need to have 200 of the 300 owners vote YES to the sale of the parking space. 

Our Property Manager says we need 200 or 300 owners to approve the sale. I say this reads that we need 2/3 of the owners at the meeting to vote (or proxy votes counted at the meeting). Our attorney is wishy washy; probably time for a new attorney. 

If we need 2/3 of all owners to vote, nothing would ever get accomplished. 

What do others say is the way to interpret?

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.

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