| Adoption
of Amendments and Rules |
Amendments to the Declaration
of Condominium and the Bylaws are a complicated business and should
be done only with the advice of counsel. Depending on the subject
of the amendment, there are different voting majorities required (51%,
67% or unanimous) and procedural requirements to be observed. The
amendments must be carefully drafted to comply with the Maine Condominium
Act and the Non Profit Corporation Act, certified and sometimes recorded
in the Registry of Deeds.
The Declaration is the "Constitution" of the condominium
community. The Bylaws provide the rules for governance of the Association
itself.
Especially noteworthy is the following limitation set out in the
Maine Condominium Act:
"No amendment may create or increase special declarant rights,
increase the number of units, change the boundaries of any unit,
the allocated interests of a unit, or the uses to which any
unit is restricted, in the absence of unanimous consent of
the unit owners."
The underlined portion is a trap for the unwary. Many amendments
do purport to change uses to which units are restricted and are
probably not valid because not adopted by all unit owners (not just
all those who attend a meeting)
The function of the Rules is self explanatory. No rule can contravene
the requirements of the Maine Condominium Act, the Declaration or
the Bylaws. In particular, many rules adopted by associations attempt
to regulate conduct within units, which may be outside of the power
of the association. However, the greatest problem with rules in
many associations is one of precision and clarity. Many of them
are simply not drafted very well.
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