Can the Board approve replacement of the stairwell without an owner vote?

Pin It

Q. The city is requiring that we make repairs to our exterior stairwell.  The cost to replace the stairwell completely is not much more than simply making the repairs.  Our Declaration says that any expense over $5,000 for "structural alterations, additions to or improvements of the common elements (other than for the purposes of replacing or restoring portions of the common elements" requires 2/3 approval of the owners. 

Would these repairs require 2/3 approval?  The repairs are so extensive that it seems to make more sense to just replace the entire stairwell.

A. As you can see from the Declaration,

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.