We want to change one of our by-laws. We have 48 condo owners. Our by-laws say we must have a majority of all owners approve the change. So we only need 25. One owner says we need 32 to change it. Is she right?
Yes, she is right. Pursuant to §339-v (1) (j) of the Real Property Law of the State of New York (the "Condominium Act"), the percentage of unit owners which may at any time modify or amend the by-laws is to be set forth in the by-laws, provided, however,
that such percentage may not be less than sixty-six and two-thirds (66 2/3%) percent in number and common interest of the unit owners. As such, although your by-laws provide that an amendment to the by-laws requires approval by a majority of all unit owners, this by-law provision is in violation of the Condominium Act. You will need 25 unit owners to approve the amendment. In addition, I suggest that the board of managers also seek to amend the by-law amendment provision to increase the percentage required to amend the by-laws to at least sixty-six and two-thirds (66 2/3%) percent.