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Registered amendment is DIFFERENT from the approved amendment!?


This question is submitted by Consuelo V. out of Hallandale Beach, FL

Last year the Board sent a lawyer’s draft and a proxy to amend the Bylaws on 3 items Boat slips, assignment of parking and lease terms. The boat slips and the lease term apparently were passed. However when the Board registered the amendment with the county it was different from original amendment presented with the proxy.

1. The original amendment presented to the owners stated the following: “
when the unit is leased, the owner gives up the right to use a boat slip”

2. The amendment registered with the county states “ Any owner that currently has the assigned rights to use a boat slip will be allowed to continue to do so even if that owner leases his or her unit, with either the owner or the tenant (but not both) allowed to utilize the slip”. By the way the registered amendment violates the Fiduciary Responsibility of the Board since it was intended to perfectly fits the needs of the President of the Board with respect to his boat.

My question is: since the language of the registered amendment is totally different from the original language of the amendment approved by the owners, could the whole Bylaws amendment be invalidated? How can I go about it?


Answers (5)

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