What is the process for amending the condo association bylaws?
The process for amending the Condo Association bylaws in Delaware is relatively straightforward. It begins with the board of directors of the association drafting the proposed amendment(s). This proposal must be included in the official association meeting notice, and then put to a vote of all association members. For the amendment to be approved, it must receive a 2/3 majority approval of all association members. Once the amendment has been approved, the association must then provide written notification of the amendment within 10 days to each member and file a copy of the amended bylaws with the county recorder for public record. An association may also need to file the amendment with the Delaware Commissioner of Housing and Urban Development in order to comply with the Condominium Act that affects certain Delaware communities. The association should also check with its insurance carrier to make sure the amendment is in compliance with any associated insurance policy. Ultimately, amending the Condo Association bylaws is a relatively simple process. It is important to ensure that all necessary steps are taken to ensure compliance for both the Condo Association and its members.
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