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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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After a proposal has been voted and passed, can it be called

Customer Question

after a proposal has been voted and passed, can it be called back to a meeting for further review?
Thing is We are replacing our patios. When they started on mine as it was the first, I asked if I could extend mine and the members asked for a vote. I got 4 yes and 3 no. We have 7 units. The no votes would add that this proposal should be reviewed but they still voted and the president kept pushing for everyone to vote so we could continue replacing the patios. We had 3 no and 3 yes and needed the last vote to move on. The last vote was yes. When all the votes came in I emailed that we were concluding our extension. At that point One of the owners who voted yes emailed and wanted to change his vote until further review, and all who voted no blew up the emails and insisted on having an owners meeting and reviewing the proposal.. The president called the contractor and told him to stop work on my condo until further notice.
Can they do this, or does the majority vote stand without review? I always thought a yes vote is yes without conditions.
Sincerely,
Stan and Eva Customer
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Stan and Eva, Thank you for your question. Please permit me to assist you with your concerns. Generally speaking a past vote CAN be recalled or reviewed, but it must be based and done via your specific bylaws or CC&R procedures. There is usually a method to recall, review, and re-vote--there is no issue that cannot be reviewed. So in theory they CAN do this, but you can review your bylaws and CC&Rs to see whether or not they followed proper procedure. If not, you can push for a review and demand that they follow the steps before they can stop the work that was pre-approved. Sincerely, ***** *****

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