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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33738
Experience:  15 years real estate, Realtor. Landlord 26 years
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I need some help interpreting some language in my condo

Customer Question

Hello,
I need some help interpreting some language in my condo association's by-laws. Can you help?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Sure. What is the verbiage in question?

Customer: replied 5 months ago.
Here is the language I need help with. The current trustees have been in their position for the last 16+ years and there have been no re-elections or new trustee appointments so they are the original trustees. All of the unit owners will be signing a petition requesting a meeting to re-elect new trustees. I just need to confirm that the unit owners can do this according to our by-laws:See attachment...Condominium Trust
Page 3In order to accomplish the foregoing, by the acceptance of the Unit Deed by a Unit Owner, said Unit Owner, for himself, his heirs, successors and assigns, hereby constitutes and appoints the Declarant the true and lawful attorney of the UJJ.it Owner in the name and stead and on behalf of the Unit Owner to select Trustees in accordance with the provisions hereof until the takeover event, and to execute, acknowledge, deliver and record any instruments deemed by the Declarant to be necessary or appropriate to effectuate the same
the power of attorney granted hereunder being coupled with an interest and irrevocable.
• •
If and whenever the number of Trustees shall become less than three or less than the
number of Trustees last determined as aforesaid, a vacancy or vacancies in said office shall be deemed to exist. Except as otherwise provided in the first paragraph of this Section 3.1, each such vacancy shall be filled by the appointment of a successor who shall be designated by Unit Owners holding a majority of the beneficial interest represented in person or by a Proxy at duly called annual or special meeting of Unit Owners at which a quorum is present; if such successor shall not be so designated within thirty days after the vacancy occurs, then
the remaining Trustees or Trustee shall make such appointment. Each appointment to fill : a vacancy, other than by court proceeding, as hereinafter provided, shall become effective upon recording with the Registry of Deeds in which this Trust shall be recorded, or filing with the Registry District inwhich this Trust shall be filed, as the case may be, an instrument in writing signed by such successor and by a majority of the Trustees and acknowledged by such successor and by at least one of said Trustees. Any appointment by such court proceeding shall become effective upon recording with said Registry of Deeds or filing with said Registry District, as the case may be, of a certified copy of such decree and of the acceptance of such appointment subscribed and sworn to by the successor so appointed. If for any reason any successor shall not be so designated within sixty days after the vacancy in office occurs, a Trustee or Trustees to fill such vacancy or vacancies may be appointed by any court of competent jurisdiction upon the application of any Unit Owner or by notice to al Unit Owners and Trustees and to such othe
Customer: replied 5 months ago.
It's all of section 3 in our by-laws. See attached file.Thank you
Expert:  Ely replied 5 months ago.

I am sorry, I thought this would be about a paragraph. I did not expect pages of text. This is beyond what I can do here.

I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.

Expert:  Barrister replied 5 months ago.

Hello, new expert here...

.

All of the unit owners will be signing a petition requesting a meeting to re-elect new trustees. I just need to confirm that the unit owners can do this according to our by-laws:

.

Yes, you can do so as this is covered under Section 3.3 which states:

.

After reasonable notice and an opportunity to be heard, a Trustee may be removed from office with or without cause by a vote of the Unit Owners holding at least fifty-one percent of the beneficial interest hereunder, except as otherwise . provided in Section 3.1 with respect to the original Trustees or their successors designated by the Declarant. Such removal shall become effective upon the recording with said Registry 0f Deeds or filing with said Registry District, as the case may be, of an instrument signed by a majority of the remaining Trustees and acknowledged by at least one Trustee.

.

So basically any trustee can be removed by a majority vote of the owners with such vote being recorded in writing and filed with the Registry of Deeds after being signed by at least one trustee.

.

.

thanks

Barrister

Customer: replied 5 months ago.
Thank you. The problem is that there are currently 2 trustees and the unit owners want to remove both of them. So we couldn't get the needed signature of 1 trustee. Can we still do it?
Expert:  Barrister replied 5 months ago.

I would opine yes because the Bylaws state that there can be 3 trustees... So you have a meeting to vote to elect the third trustee and then record the written vote. Then you have another meeting removing the other two and the new trustee signs off on it.

.

But if the existing trustees won't sign off on the election of the new 3rd trustee, then I would opine that if that is reflected in the minutes of the vote and that the members further vote to waive the signature requirement, then they can effectively remove the requirement that a trustee signs off at all.

.

Basically a HOA is a mini government that is controlled by its Bylaws. So if the members vote by a majority to change the Bylaws, and that is the required percentage, then they can change them however they like.

.

thanks

Barrister

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