grammaconnie Posted January 17, 2011 at 05:13 PM Report Share Posted January 17, 2011 at 05:13 PM Over the years residents of our condominium association have made alterations to their unit without permission of the board. Consequently, the board asked its attorney for an opinion specifically on expansion/enclosure of decks. The president then had a resident draw up a Protocol for Requests for Exterior Unit Alterations. This document was discussed at the board’s last meeting, changes were made, and a new draft was to be given to the board members for review. Also at this meeting a motion was made and adopted allowing exterior unit alterations …. Upon reviewing the new document, board members realized that the motion that was adopted was flawed in that it said “exterior unit alterations” rather than expansion/enclosure of decks, which was the specific opinion asked for and given by our attorney. Can the board, at its next meeting, amend this motion to be specific as to the opinion given by its attorney? Link to comment Share on other sites More sharing options...
Chris Harrison Posted January 17, 2011 at 05:17 PM Report Share Posted January 17, 2011 at 05:17 PM Over the years residents of our condominium association have made alterations to their unit without permission of the board. Consequently, the board asked its attorney for an opinion specifically on expansion/enclosure of decks. The president then had a resident draw up a Protocol for Requests for Exterior Unit Alterations. This document was discussed at the board’s last meeting, changes were made, and a new draft was to be given to the board members for review. Also at this meeting a motion was made and adopted allowing exterior unit alterations …. Upon reviewing the new document, board members realized that the motion that was adopted was flawed in that it said “exterior unit alterations” rather than expansion/enclosure of decks, which was the specific opinion asked for and given by our attorney. Can the board, at its next meeting, amend this motion to be specific as to the opinion given by its attorney?Yes, assuming that the Board has the authority to draft the protocol to start off with. Do your bylaws grant the Board this authority? Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 17, 2011 at 05:32 PM Report Share Posted January 17, 2011 at 05:32 PM Can the board, at its next meeting, amend this motion to be specific as to the opinion given by its attorney?Yes. Amending (or rescinding) something previously adopted requires a second, is debatable, is itself amendable, and requires one of the following vote requirements for adoption: With previous notice, a majority vote; without previous notice, either a 2/3 vote, or a majority of the entire membership (of the board, in this case). Link to comment Share on other sites More sharing options...
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