If our condominium requires a 67% yes vote to amend the by-laws and we have 15 units, does thistranslates to 10 or 11 votes?

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If our condominium requires a 67% yes vote to amend the by-laws and we have 15 units, does thistranslates to 10 or 11 votes?

Asked on March 1, 2012 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the requirement is specifically for 67% (or more) approval, then that would be 11 votes; 10 votes of 15 units is 66.66666[etc.] percent, or just short of that. A requirement for 67% approval is a requirement for more than 2/3 approval; 10 of 15 is 2/3.

However, note that the above is based on general principles of construction or interpretation; the law does not definitively answer this question. It is possible that--especially if there is some other evidence in the governing agreements showing that a 2/3 approval was what was contemplated--that a court could come to a contrary interpretation in this specific case.


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