Legal Question in Real Estate Law in Arizona

Hello sir,

I have a question about amending our condominium Master Deed and By-laws. The Master Deed can be amended with approval of "not less than two thirds of the co-owners." Only in the By-Laws are voting right addressed. It indicates a 2/3 majority is required by percentage and number of units.

However, in the Master Deed itself, it is mute regarding this voting.

Does the paragraph in the By-Laws apply to any type of voting?

Thank you.


Asked on 4/01/14, 11:24 am

1 Answer from Attorneys
Riley Snow The Law Office of Riley S. Snow PLC

Yes. The bylaws will control in this situation. I have not reviewed your documents, so I cannot say for certain. However, owners typically consent to the bylaws at the time of accepting ownership. As such, all co-owners are bound by the by-laws. This would include the governing of a vote to amend the Master Deed, unless the Master Deed specifically states otherwise - which in this case it does not.

If you have further questions or would like to obtain my assistance in this matter, feel free to contact me and we can discuss your situation in greater detail.

Riley Snow

(480) 477-6311

[email protected]

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Answered on 4/02/14, 5:50 am


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