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Condo By-Laws "amended" improperly?

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fullerton

Junior Member
What is the name of your state? NY

A condo had in it's original by-laws that pets could be approved in writing by the board of managers. They would grant approval based on certain standards.

In the late 1990's, condominium policies were published by the condo board that prohibited all pets. The document is simply entitled "Condominium Policies".

When the board president was asked recently by a resident how and why the pet policy was changed, the president said that the board made the policy because the vast majority of owners wanted it that way.

The original by-laws state very specific procedural requirements for amending the by-laws, including but not limited to, that a high percentage of owners must approve the change (a percentage well over 50% is stated in the original bylaws), and also that the change is set forth as an amendment to the condo Decleration and is recorded in the county clerk's office.

It is doubtful if all (or even any) of the procedural requirements were adhered to... I am confirming that now.

The question is, does the board even have to follow these procedural requirements for amending by-laws? The "blanket no pet rule" is in a document called "condominium policies". Do new published "condo policies" have to go through the same steps as a by-law amendment, or does the use of a "policy" document allow the board to simply circumvent the original intent and spirit of the by-laws? If such a document allows circumvention, what good are by-laws?

Thanks for any help.
 
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