Legal Question in Real Estate Law in Pennsylvania

Please advise regarding the following wording:

Any amendment to the Code of Regulations may be made only upon Resolution by a sixty-seven percent vote of all the Unit Owners.

Does this mean 67% have to vote yes or that 67% have to vote for the amendment to be a valid and the yes vote is more than the no vote.


Asked on 6/08/15, 6:21 pm

1 Answer from Attorneys
ANDREA G. TILLIS Law Offices of Andrea G. Tillis

Thank you for your question,

Certain regulations can be voted in if a certain percentage of those present vote in favor of a resolution, PROVIDED that the unit owners who are present constitute a quorum. However, certain matters require the affirmative vote of 67% of all unit owners. The higher number is required in certain matters which are of the utmost importance. Whether the requirement relates to 67% of the quorum, or 67% of all unit owners who are eligible to vote is determined by what the By-Laws provide.

Therefore, it would be impossible for anyone to give a definitive answer, without first reading the By-Laws and determining in which category the Code of Regulations and any Amendments thereto have been placed.

ANDREA G. TILLIS

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Answered on 6/08/15, 6:49 pm


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