Can anyone reflect on the Law in the Dominican Republic with regard to the changing By-Laws and Rules for a Home Owner's Association, Condominium? I have heard from several sources and gotten varying answers to my question. The issue revolves around the number of participating owners in a meeting to change the By-Laws. I have heard that the Law requires anywhere from 51% to 100% participation in the vote. Any information will be much appreciated.
- Thread starter Tashi Siu's Dad
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Changes in H.O.A. By-Laws and Rules vs Dominican Law
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Art. 12 of Condominium Law No. 5038 establishes a double majority rule for amendments of Condo Rules, as follows:
a. 3/4 of the Condominium's registered votes (not just those represented in any given homeowner's assembly meeting).
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b. approval by the majority of the condo owners.
i.e., in a 100-unit condo association where each unit is represented by 1 vote; 75 of the units are owned by developer and the rest by single owners, you would need:
a. the developer's 75 votes.
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B. approval from 14 of the total 26 individual condo unit owners, which may or may not include developer (counted as 1 owner out of the 26).
Except that many snow-birds also own in condos; they would be excluded then.
Also, 27 threads & 275 posts hardly qualifies as 'lots of traffic'.
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