The recorded Governing Documents for an Association can typically be Amended based upon Unit Owner approval. The requirements for properly submitting a proposed Amendment to the Community’s membership are set forth in the Governing Documents. Usually, this requires the Association’s Governing Board to convene a meeting at which a discussion and vote upon the Amendment is conducted and concluded. Unit Owners should be provided with a full and complete copy of the proposed Amendment so that they are fully informed as to its implications and can thereafter properly cast their vote. An Amendment to the Governing Documents does not become operative and enforceable until it has been recorded in the office of the County Clerk where the Community is located.
The percentage of membership approval required to validly pass an Amendment varies from Community to Community and sometimes depends upon the nature of the Amendment being proposed. For example: In order for an Association’s membership to validly adopt an Amendment granting Civil Tort Action Immunity to the Association, two-third’s of its members must give their affirmative approval even though other Amendments may only require a simple majority.
We have prepared thousands of proposed Amendments for Community Associations and have provided hands-on guidance to Boards and Property Managing Agents with respect to the Amendment process. We prepare not only the proposed Amendment but in addition the Cover Letter to be issued to the membership accompanying the Board’s solicitation of Unit Owner approval. We prepare both the absentee ballots and official in-person ballots to assist the Association with this undertaking. Finally and after the Amendment has been validly passed we prepare a recorders note to the County Clerk requesting that the Amendment be recorded and that the Community’s prior recorded Governing Documents be marginally notated.
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