QUESTION
Does a condominium association need to hire an attorney if the members want to change the bylaws?
Asked on Feb 18th, 2013 on Landlord and Tenant Law - New York
More details to this question:
Our condo assn. says it is necessary to amend the bylaws in order to install pavers in driveways. The assn. contends that it must hire an attorney for anywhere from $600 to $2000 to do it. Other condo associations have used a template developed by one in order to amend the bylaws, thereby abrogating the need for an attorney. Why can't we do the same?
5 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If you can do it without one you do not need to hire one, however many elements must be satisfied to change them so if you want it done correctly and not waste time you may want to consider one.
Answered on Feb 20th, 2013 at 10:46 PM
Check the CC&R's to see of they require the retention of an attorney to amend the bylaws.
Answered on Feb 20th, 2013 at 9:21 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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It depends on what your current by laws say...if they say you need to hire an attorney, that may be the basis. Sometimes, it is best to have an attorney draft documents because if they are done incorrectly, which happens commonly with templates, you could have an enenforceable document.
Answered on Feb 20th, 2013 at 8:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Because your condo association wants to make sure it is done right. Templates are fine as long as you know what you are doing. But sometimes it requires the expertise of the lawyer to ask the right questions to make sure the document is correct.
Answered on Feb 20th, 2013 at 7:57 PM
Kevin J. Connolly
Because the board president's nephew, a lawyer, needs the money.
Answered on Feb 20th, 2013 at 7:44 PM