Becker & Poliakoff: The Importance of Retaining an Attorney When Considering Condominium Association Amendments

Representing more than 4,000 homeowner association, cooperative, and condominium clients, Becker & Poliakoff has extensive experience in community association law and offers detailed informational resources on its website.

In one article, the law firm emphasizes the necessity of retaining an attorney when updating condominium association documents. This reflects the fact that, in a number of cases, desired amendments may not be consistent with applicable law. This is particularly common when proposing new member fee charges. The lawyer’s role is to identify and correct these inconsistencies, and ensure the drafting of lawful amendments.

Another consideration the attorney has when evaluating proposed amendments is the percentage vote required to update various documents. In certain cases, a simple vote based on total number of association members is required, while in others a quorum of members who vote must be established. With homeowners’ associations (and under older condo association rules), challenging mortgagee consent requirements may arise as well.

One area in which Becker & Poliakoff assists clients is in amending voting requirements, particularly in situations where member consent thresholds are set at a prohibitively high 75 percent.

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