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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110390
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I live in a condo community in RI. The association hired a

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I live in a condo community in RI. The association hired a management company 2 years ago for the fee of 75,000/yr. The vote passed because their were not enough people present to establish the quorum despite the fact that those present were not in favor. This company has not lived up to expectations and has proposed yet another increase in monthly fees to the sum of 30/mo. As unit owners, we are upset and against these fees which we feel are unjustified. How can we address our feelings and postpone this vote tonight?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The members can appear at the board meeting and propose from the floor a motion that the matter be tabled for further investigation and discussion. The chair of the meeting would then have to call for a vote and if the majority votes to table the matter it would be held off until the next meeting. If the chair refuses, then the membership needs to hire a local attorney to go to court to file for a declaratory judgment action seeking to invalidate any vote taken and to get the court to rule whether or not the association could have voted once there was a vote of the members to table the matter or whether the vote taken without a quorum was even valid.

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Customer: replied 3 years ago.

Thank you Paul. How does one go about changing old bi-laws so that these issues can be avoided in the future? Is it a huge undertaking? As a unit owner, (and I am one of many), I don't feel I have any "say-so" with what is happening here and have become almost a non-entity forced to go along with whatever they propose. It's like decisions are made before we even go to a meeting.

Thank you for your response.

The rules for changing bylaws are supposed to be contained in your current bylaws. It involves submitting the proposed change in writing a certain number of days in advance and publishing the proposed change to members and then the members must vote on the changes to approve them

It could be a simple undertaking or complicated depending on what your bylaws say about amendments and their procedure.

Unfortunately, this is an issue in so many of these associations as the boards generally have most of the power and the owners cannot get power back unless they vote the board members out.
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