How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 29803
Experience:  JA Mentor
Type Your Real Estate Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

The board of directors asked for an increase in maintence fees.

This answer was rated:

The board of directors asked for an increase in maintence fees. 600 ballots were mailed to residents. The vote was 129 for,96 against the increase. Does this increase pass?

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

The starting point here is to look at the by-laws. Usually, what would be required is a 51% of total voting interests to implement a change (or, in some cases higher), and not a majority of the total number of votes received. If the by-laws allow a request to pass without specifying how many total votes must be received, then the increase passed. If the by-laws are silent, then the increase did not pass, because a majority of the homeowners did not vote for it. It didn't fail, either, because a majority of the owners didn't vote against it. So, the board could call for another vote to try to get more of the homeowners to submit their ballots.

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.
Lucy, Esq. and 2 other Real Estate Law Specialists are ready to help you