How to Determine the Required Vote for Purchasing Property in a Condominium Association

What vote would be required?

A. 75%

B. Two-thirds of the entire membership

C. A majority vote of those present at a meeting

D. The Board can make this decision

Final answer:

When condominium documents are silent, the default voting requirement to purchase property often requires a full majority vote of the membership, guided by state law and condo governing documents.

Explanation:

When the documents do not explicitly define a required vote for purchasing property to expand common elements, the decision would typically default to a specified legal and organizational structure guideline. Without such guidance, one can refer to common decisions for organizational matters that are not routine but not substantial enough to warrant a supermajority. Most ordinary laws require a simple majority, or more specifically, 50 percent + 1 vote to pass, according to Chapter 8: Interest Groups, Political Parties, and Elections and Chapter 9: Legislatures. However, the determination for such a decision at a condominium may depend on state laws or regulations that govern condominium associations, or the default rules prescribed by the governing documents for decisions that don't have specified voting requirements. Since law typically guides these procedures and such a purchase would likely be a significant decision, it not only requires a quorum to be present but possibly a full majority vote of the membership, rather than just the board or those present at a meeting. It is important for the unit owners to consult their governing documents, seek legal advice, and possibly consider the need for a majority vote of the entire membership to enact such a change.