What are the first 2 steps for homeowners to demand a Homeowner vote Regarding Declaration changes. The board states it’s not required because we are just updating. Even though changes are being made removing homeowner vote or requirement for rules.
If you live in a condominium, the Illinois Condominium Property Act lays out specific requirements to amend the declaration:
“If there is any unit owner other than the developer, the condominium instruments shall be amended only upon the affirmative vote of 2/3 of those voting or upon the majority specified by the condominium instruments, together with the approval of any mortgagees required under the provisions of the condominium instruments, except in cases where this Act provides different methods of amendment or with respect to property whose declaration is recorded on or after July 1, 1984, no condominium instrument shall require more than a three-quarters vote of unit owners to amend the bylaws. Except to the extent authorized by other provisions of this Act, no amendment to the condominium instrument shall change the boundaries of any unit or the undivided interest in the common elements, the number of votes in the unit owners’ association, or the liability for common expenses appertaining to a unit.”
For common interest communities, it is imperative to check your governing documents. Your documents may contain similar requirements when it comes to amending the declaration. If they do, bring this to your board’s attention. Beyond that, it is a good idea to consult a lawyer for further guidance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.