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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.