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.

 


 

Meetings
Annual Meeting
Directors Meetings
Parliamentary Procedure
Voting

Rules and Rule Enforcement
Rules
Enforcement of Rules

Miscellaneous Topics
Satellite dishes
Choosing Association Counsel
Bankruptcy
Foreclosure
Resale Certificates

Budget and Assessments
Assessments
Budget

Directors and Officers
Duties/Laws

Contact Information:
1465 Post Road
P.O. Box 369
Wells, ME 04090
Tel: 207-646-8341
Fax: 207-646-8343
Email: atty@maine.rr.com


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