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Lucy, Esq.
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Proposed amendments to the bylaws os the Residents Council

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Proposed amendments to the bylaws os the Residents' Council of the Charlestown Residence Association were not circulated in writing within the 14 days to all members of the Association. Does this make the vote invalid? This is an independent living community of about 2,000 residents. (they were posted on the Council's web site where few residents had the means to reqd them. Also shouldn't the number of the Association quorum be identified? Two thirds of ten residents present could approve the changes in the bylaws.

(current bylaws - Article IX " . . . Section 3. When approved by the Council, a written copy of any proposed change to the bylaws shall be circulated to all members of the Association at least fourteen [14] days in advance of the scheduled meeting when the vote is to be taken.

Section 4. These bylaws may be amended by a two-thirds vote of the Association members present and voting at an Association meeting at which a quorum is present.

John Fahey
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 11 months ago.
Hi John,

My name is XXXXX XXXXX X'd be happy to answer your questions today.

You are correct. If the written notice was not circulated to all members at least 14 days before the vote, the vote is invalid. If there was no quorum at the meeting, the vote is also invalid. The default rule is that a quorum is 25% of the members entitled to vote. If there are 2,000 people in the community, 10 is not a quorum. Maryland Condominium Act, Section 11-109. (The statute starts on page 19, you want subsection (8), which is on page 20.)

Any homeowner can bring suit against the board to stop the board from taking illegal action. Another option is to send the board a letter, via certified mail, citing the statute and the by-laws, letting them know that they are in violation, and giving them the opportunity to do a proper vote and meeting before you take legal action.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 11 months ago.

Hi Lucy,


 


Thanks so much, I just have one question, Does the Maryland Condominium Act apply to the e

Customer: replied 11 months ago.

Hi Lucy,


 


I thank you so much. I have just one question. Does the Maryland Condominium Act apply to the Charlestown Residents' Council? Charlestown Community, Inc. with its own Board of Directors, is one of Erickson Living's sites. The Residents' Council functions in a separate organization inside Charlestown. - Charlestown Association. The residents live in apartments which they don't own or rent. They occupy space provided by Charlestown for an initial deposit. They pay no property taxes or utility charges. They pay Charlestown a monthly charge.


 


I hope that this sheds some light on the matter.


 


Again thanks.


 


John

Expert:  Lucy, Esq. replied 11 months ago.
If the community falls within the definition of a condominium, it would apply. If look at the declaration, it should state what type of property ownership regime it is, but most of these communities where people own their own units within the larger area would fall under that statute. If you don't have the declaration, the county record will.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 19610
Experience: JA Mentor
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