Ask Atty. Pat: Can A Board Adopt An Update To The Declaration?
A question: So the board here has drafted new rules and bylaws for the complex.
I was told by a board member that it’s only the board that gets to vote on these two documents. Is that correct?
And are there new laws saying a condo complex has to update their Declaration?
Normally only a board vote is required to amend bylaws and rules. That said, the board can not change the qualifications and terms of board members without a unit owner vote. There are a few other exceptions. Also, the provisions of the bylaws and rules can not conflict with the declaration. There are also limitations on what a board can control within a unit.
No law requires an update of units. Amendments to the Common Interest Ownership Act have superseded old document provisions or added new requirements. It is important to know the new law. Some lawyers propose using a list of the changed provisions. I find that these “layovers” confuse owners. It is better to have a unit owner vote to make necessary changes to the declaration and a board meeting to change the bylaws and rules.
Pat Ayars is a Glastonbury attorney who specializes in condo issues. She is a member of the Connecticut Condo Association Advisory Committee.