Before Attempting Bylaw Amendments, Count Your Votes

Legal Talk for Co-ops and Condos

Justin Buchel, partner, Schneider Buchel, is interviewed by Habitat magazine’s Paula Chin.
Lesson for co-op/condo board directors:

• Burning issue: A unit-owner at a condo had a fire pit on the balcony, and people were up in arms — and scared — because there had been a recent fire at the condo. The board started legal action, but the unit-owner pushed back, saying fire pits weren’t banned in the governing documents. A cease-and-desist notice was sent explaining that the fire pit was a nuisance due to the odors, but the unit-owner dug his heels in.
• The bylaw solution: Instead of litigating the issue, the board decided to try to amend the bylaws. It’s a good idea to poll the community first so you know whether it’s going to pass. It can be informal, with board members going door-to-door to sound people out, or you can hold an informational meeting where you explain your proposal and ask if people will support it.
• A big margin is a must: You need to have a much higher percentage of yes votes than what your governing documents require. If you need two-thirds of the vote, you really need 80%, because there are always people who don’t show up at meetings, and everyone who does not vote is basically a no vote. In this case, the informal poll showed there was more than 80%, and the board won a landslide victory. So there are two takeaways: Check your bylaws to see if they need updating, and if you need to amend them, make sure you have the votes going in.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!