dsconnelly
Junior Member
I own and live in a condo unit in Vermont.
The process specified for amending our Declaration is stringent but specific. Amendment requires “written approval of owners owning in the aggregate of fifty-one (51%) percent or more of the aggregate ownership interest”.
Over the past 10 years, four amendments have been "passed" by voice vote only. The recorded amendments (in the local real estate registry) state that the amendment was passed by vote of 51% of the owners. There is no recorded "written approval" from any owners in the real estate registry or in the condominium association records.
Two new amendments to the Declaration are now pending and will be voted at an upcoming meeting. Although I actually favor the goals these 2 amendments (in substance), I think it is harmful to continue using a worthless form of adoption. These amendments should be adopted using the correct process, which is written approvals, not a show-of-hands vote.
I want to block any attempt to record a new amendment that does not have have signatures (physical or electronic) from the aggregate ownership, as the process clearly specifies.
How can I do this? Injunction?
I assume that recording fraudulent material would be punishable even in the absence of direct monetary damage. Is this also true if the recorded document states that the amendment was adopted by a vote (which is true), but fails to state that the required written approvals were not obtained, that the vote was inadequate to pass the amendment?
The process specified for amending our Declaration is stringent but specific. Amendment requires “written approval of owners owning in the aggregate of fifty-one (51%) percent or more of the aggregate ownership interest”.
Over the past 10 years, four amendments have been "passed" by voice vote only. The recorded amendments (in the local real estate registry) state that the amendment was passed by vote of 51% of the owners. There is no recorded "written approval" from any owners in the real estate registry or in the condominium association records.
Two new amendments to the Declaration are now pending and will be voted at an upcoming meeting. Although I actually favor the goals these 2 amendments (in substance), I think it is harmful to continue using a worthless form of adoption. These amendments should be adopted using the correct process, which is written approvals, not a show-of-hands vote.
I want to block any attempt to record a new amendment that does not have have signatures (physical or electronic) from the aggregate ownership, as the process clearly specifies.
How can I do this? Injunction?
I assume that recording fraudulent material would be punishable even in the absence of direct monetary damage. Is this also true if the recorded document states that the amendment was adopted by a vote (which is true), but fails to state that the required written approvals were not obtained, that the vote was inadequate to pass the amendment?