Legal Question in Real Estate Law in California

Condos, Can the Board of Directors coupled with the Management Compny add or delete the bylaws and rules and regulations without a 2/3rds vote of the Complex Homeowners?


Asked on 2/12/12, 9:06 am

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

No.

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Answered on 2/12/12, 10:01 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'm not so sure that "no" is always the correct answer. Looking, for example, at Civil Code section 1355 covering amendment of governing documents for a common interest development (which includes condominiums), we find ".......an amendment is effective after (1) the approval of the percentage of owners required by the governing documents has been given, (2) that fact has been certified in a writing executed and acknowledged by the officer designated......" Also note that section 1356 makes reference to situations in which "more than 50 percent" vote may be required. I'm not a condo expert, but I'd recommend getting further advice.

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Answered on 2/12/12, 10:40 am
Terry A. Nelson Nelson & Lawless

The ByLaws primarily determine what the rules and requirements are. Read them. Consult with counsel of you think you need to bring legal action. Feel free to contact m.e

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Answered on 2/12/12, 8:15 pm


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