We've long held that the magic number for passing an amendment to a condominium association's governing documents is 2/3 of unit owners, unless the governing documents state otherwise, except that no more than a 3/4 vote can be required.

The IL Condo Act states: 27. (a) If there is any unit owner other than the developer, the condominium instruments shall be amended only upon the affirmative vote of 2/3 of those voting or upon the majority specified by the condominium instruments, together with the approval of any mortgagees required under the provisions of the condominium instruments, except in cases where this Act provides different methods of amendment or with respect to property whose declaration is recorded on or after July 1, 1984, no condominium instrument shall require more than a three-quarters vote of unit owners to amend the bylaws. Except to the extent authorized by other provisions of this Act, no amendment to the condominium instrument shall change the boundaries of any unit or the undivided interest in the common elements, the number of votes in the unit owners' association, or the liability for common expenses appertaining to a unit.

However, a strict reading of this section would indicate that the 2/3 applies to "those voting" and not "all members." 

If the association's governing documents do not specify otherwise, a condominium association could conceivably pass an amendment with far fewer than 2/3 of owners voting in favor. Per the IL Condo act, 20% of owners constitutes a quorum (the minimum number required to hold a vote) and if 2/3 of "those voting" vote in favor, an amendment can pass.

The operation of your association is largely dependent on your individual governing documents. It's important to review your Declaration and Bylaws and potentially have them clarified by a condo attorney to ensure that you are operating properly, particularly in regards to a major change such as an amendment to the governing documents.

Search Articles...

Member Login

Membership Plans

Subscribe to the Chicago Condo Resource to access our Members Only Content.

Subscribe to Newsletter

Seminars & Events

Wed Jul 12 @ 6:00PM - 08:00PM
"Condo Therapy" with the Experts
June 2017
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30