Legal Question in Real Estate Law in Florida

Votes needed for change

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The developer no longer has an interest. There are 50 lots in our subdivision. Each lot is allocated one (1) vote. How many affirmative votes are needed to make a change to any part of the covenants and restrictions?

Below taken from existing governing documents: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

Section 3. AMENDMENTS. At any time after the Developer or its assigns no longer owns ten percent or more of the lots, above described, the then owners of at least two-thirds of the voting interest of the Association membership, may change these covenants and restrictions in whole or in part by executing a written instrument making said changes and having the same duly recorded in the public records of Brevard County, Florida.


Asked on 9/08/07, 4:03 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Votes needed for change

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From your facts, 2/3's of the owners have to vote to amend the Covenants and Restrictions. Simple math would say that 34 owners would have to vote for any change.

Scott R. Jay, Esq.

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Answered on 9/10/07, 12:07 am


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