S.G. from Palm Beach County, Florida writes:
Dear Mister Condo,
If a board wants to change the % from 75% approval of owners to 50% how much time do they have to get the votes when sent to owners.
Mister Condo replies:
S.G., two different questions to ponder here. Changing the percentage of unit owner approval is uncommon and would likely need a supermajority or even 100% of unit owners to vote in favor if the change. After all, unit owners purchased their units under the current voting percentage rules. Changing that percentage is a significant alteration of the governing documents. Also, 50% isn’t a majority as it could imply that unit owners are equally divided on whatever is being voted on. How would you determine whether or motion passed or failed? As for the amount of time to get the votes, that really depends on what the governing documents say about how votes are taken. Allowing for proxy or mail-in votes could prolong the voting period substantially. If the association is unsure about how to change voting rules or how to hold the vote to change the rules, I would suggest they consult with their association attorney before they attempt to do so. If it is done wrong, and is challenged by a member of the association, it could create quite a problem for the association. Better to get it right the first time than to have to undo the vote and subsequent votes that followed. Good luck!