Vote to allow leasing in our building.

Our building has 24 units. Last year we held a vote to allow leasing. At that time there were two units in receivership and one in probate. We were told that we needed to have 51% of 24 units to pass the change. Is this true the 3 units had been abandoned and there was no-one interested in voting on their behalf (banks). It is my understanding that if we have a quorum then the majority of the quorum is all we need. Who is right?

Jill, if as John asked your entire Association is the 24 units then you would need 51% of 24 or 13 votes to pass the measure; abstaining from a vote has the same effect as a no vote. While an Association frequently has the option of denying a homeowner in delinquency the right to vote in homeowner elections, use of amenities, etc. IMO they do not have the right to deny their vote on matters related to changing the covenants. Also you frequently need the banks approval on covenant changes because you are in effect modifying the contract between the mortgage holder and the homeowner. Our CC&R's address this by saying basically if the banks don't agree, the homeowner is still bound by the change, we just can't hold the banks to it.

Thx Melissa, Our building is a condo in Fla and it has only 24 units in all. Since the vote last year it was agreed to remove the voting privilege from these units so we could vote again (this is accomplished). Now I am being told in order to bring this up again we need 2/3 of the 21 units remaining to vote to have this added to the agenda. I am a doer and this is just not happening (doing I mean).

Maryland law must be different from Alabama's as one can restrict rentals with a bylaw change. Interesting how the states differ.
Jeanne

That's also different from Arizona. The courts here have ruled that restrictions on the use of the property may be accomplished only by amending the covenants. They ruled explicitly that property restrictions may not be created by amending the association's bylaws.

Alas another SPAMER.