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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38225
Experience:  17 years real estate, Realtor. Landlord 26 years
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My condo building voted 4/6 to increase fees and and begin

Customer Question

My condo building voted 4/6 to increase fees and and begin paying for backyard maintenance, then one person wanted to change his vote, and another called the management company to roll back the increase and that was done. I didn't think you can change a vote . What can I do to send legal notice about this situation?
Margaret O'Keeffe
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
As a procedural matter, how you are allowed to conduct votes would be detailed in your Bylaws for the Association. Typically there must be a motion made at a formal meeting with it then seconded by someone else and then the motion for a re-vote would be put on the agenda, typically for the next meeting.
So you would need to review your Bylaws to see how you are required to procedurally bring things up for a vote. If they didn't follow the proper procedure, then the second vote would be invalid and the first vote would stand.
If any Board refused to void out the vote if it was done improperly, then any member can file suit against the Board and seek an injunction to prohibit the Board from honoring the second vote.