Over ruling of bylaws

Started by AngelS2 • 2 replies • 723 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

AngelS2 (Florida)
Posts: 22

Posted:

Good morning all,
I've a unique situation. The president of the association is also the president of the hotel. He created the condo bylaws in 1995 to have a 2:1 majority in the board. I just became the VP and have the difficult situation on trying to change the current bylaws. Law states that if 75% of owners vote against current bylaw then a new board is created. Anyone with experience on this? How do we vote? Do I need an attorney for the voting process?
Any ideas are certainly appreciated.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Angel

What scares me is you say there is a hotel involved. That makes it twice as sticky.

Typically the 75% means that 75% of all owners must agree to any Covenant/Bylaw change, not that the BOD is replaced.

If you expect any push back, you best lawyer up. Form a group of like minded owners and pool some money to have a lawyer take a look at your situation.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By AngelS2 on 03/08/2018 6:41 AM
Good morning all,
I've a unique situation.

That's an understatement.

Quote:

Posted By AngelS2 on 03/08/2018 6:41 AM
The president of the association is also the president of the hotel.

Hotel?

Quote:

Posted By AngelS2 on 03/08/2018 6:41 AM
Law states that if 75% of owners vote against current bylaw then a new board is created.

What law is that? I'm more familiar with FS 720 but I've read FS 718 (condos) more than once and don't recall that bit.

Quote:

Posted By AngelS2 on 03/08/2018 6:41 AM
Anyone with experience on this?

Nope.

Quote:

Posted By AngelS2 on 03/08/2018 6:41 AM
Do I need an attorney for the voting process?

Yes, in my opinion.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here