How to Amend Community Documents
Home » Important Posts » How to Amend Community Documents
By | No CommentsLeave a Comment
Last updated: Tuesday, February 19, 2008

Amending condominium or cooperative bylaws can only be executed after a membership vote. If not provided for in the community documents, the State of Florida requires a minimum 2/3% of the voting interest.

The amendment must contain the full text. Occasionally during minutes taking, we would refer to a title or number of a section for reference. A proposed amendment however, should always consist of the original full text. In this way the text can be added with an underline. And conversely, any words can easily be deleted from the text with a hyphen.

See example of a standard proposed change:

“No unit may be leased for a period of less than two weeks.”

                                       to

“Individual units may be leased for a period of less than one month and no more than four (4) times per fiscal year.”

Individual no units may be leased for a period of less than two weeks one month and no more than four (4) times per fiscal year.

Simple changes can be proposed and should always be approved by the association attorney. If a change by use of underlines and hyphens would hinder rather than assist, then a more substantial change can be written. However, a notation must be inserted immediately preceding the proposed amendment. The association attorney should always make these extensive proposed amendments, or at least give his written approval.

For supporting documents, click here.
 

718.112  (h)  Amendment of bylaws.–
1.  The method by which the bylaws may be amended consistent with the provisions of this chapter shall be stated. If the bylaws fail to provide a method of amendment, the bylaws may be amended if the amendment is approved by the owners of not less than two-thirds of the voting interests.
2.  No bylaw shall be revised or amended by reference to its title or number only. Proposals to amend existing bylaws shall contain the full text of the bylaws to be amended; new words shall be inserted in the text underlined, and words to be deleted shall be lined through with hyphens. However, if the proposed change is so extensive that this procedure would hinder, rather than assist, the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but, instead, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: “Substantial rewording of bylaw. See bylaw _____ for present text.”  
  

← Prev Step

Thanks for contacting us. We'll get back to you as soon as we can.

Please provide a valid name, email, and question.

Powered by LivelyChat
  • You're chatting with
    Admin

Powered by LivelyChat Delete History
Copyright ©2016 Gulfshore Property Mgmt. All Rights Reserved.