By laws require 100% owner approval to allow pets.

Our owners petitioned us for a special meeting for a vote on pets. We told them it takes a 66% majority for this amendment to pass. Then today at the board meeting, a member showed us the place in the master deed where it requires 100% of owner approval before we can amend the paragraph relating to allowing dogs in the buiding. This Master Deed was written in 1981. I did mention where I read in a book written by lawyers that we can't require 100% approval for anything. Do you think I am correct or the other member is correct. Our Master Deed was written in 1981. (We are a senior condominium)

Tim,

Thanks for your reply. That sounds like a good idea. But Since we organized in 1981 that is a lot to look through. I have the laws on my computer thanks to this site, but our members meeting is scheduled for May 2 and I am extremely busy, but may try to at least look through the laws. Our owners already think we lie to them because finding new things in our documents.

Hi Bonnie:

I’m not an attorney, but it potentially appears if you are a Condominium then the following statute would apply … which also states larger majority the declaration specifies as noted below:

76-854. Amendment to declaration; procedure.
(a) Except in cases of amendments that may be executed by (1) a declarant under subsection (f) of section 76-846 or under section 76-847, (2) the association under section 76-831 or 76-850, subsection (d) of section 76-843, subsection (c) of section 76-845, or subsection (a) of section 76-849, or (3) certain unit owners under subsection (b) of section 76-845, subsection (a) of section 76-849, subsection (b) of section 76-850, or subsection (b) of section 76-855, and except as limited by subsection (d) of this section, the declaration, including the plats and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent of the votes in the association are allocated or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.

It does not matter when a document was written it is the legal document attached to everyone's property until amended as needed or desired by the majority of homeowners. If no majority is specified in CCR's then the state statute does require at least 67%.

Thanks Janet.

However since our condominium was organzied in 1981 the laws you quoted would not apply to us. The ones that apply to us just go to 76-823 or 76-824.
When some our owners find out about the 100% requirement we may have a war on our hands. I wish I could leave town until after everything was over. But I guess this is just part of being a Board member.

Allowing pets is a HUGE step for any association to allow.

As a non-owner of pets, tired of the pet waste left by dogs and ignored by owners, all the barking and running loose dogs, plus messes in my garden areas, I'd say 100% is just the right voting threshold number for this issue.

Those people who moved in and were assured that they would not have to deal with other people's pets deserve to be heard and respected.

If you don't have pets now DON"T DO IT. My wife was the president of a condo and townhome community and the most grief was caused in dealing with pet problems and their owners.