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  1. #1
    Join Date
    Jul 2011
    Posts
    1

    Exclamation Do I Need a Lawyer to Change Association By-Laws

    My question involves a condominium located in the State of: IL

    The board informed me that to change a by-law I need to get 66 2/3% of condo owners to agree by presenting them with a ballot. They mentioned a lawyer but I was unclear as to who gets the lawyer. The bylaws say: "this declaration may be changed, modified or rescinded by an instrument in writing, setting forth such change, modification or rescission, signed by Unit Owners owning not less than two-thirds of the total ownership of Common Elements and acknowledged; (i) provided, however, that all lien holders of record have been notified by certified mail, return receipt requested, of such change, modification or rescission, and an affidavit by the Secretary of the Association certifying such mailing is made a part of such instrument...." it goes on.

    Do I need a lawyer to write up the ballot and mail it certified mail to all owners, or do I do this myself?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do I Need a Lawyer to Change Association By-Laws

    If you are proposing to draft and submit language for a change to the bylaws, I expect that they will want you to provide a suitable draft for the amended bylaw, and that they want it to be prepared or reviewed by a lawyer so that they can be reasonably sure that it complies with the laws of your state. But I can only guess as to what they're thinking - if you want to know for certain, ask them.

    If you are capable of drafting the language in a legally acceptable and enforceable form, and of notifying owners of your proposal consistent with the COA bylaws and state law, then it would appear you're capable of doing this without a lawyer. That's an assessment we can't make.

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