AGA Community Association Practice Group Partner, Richard B. Linderman recently responded to a question about when boards can require a 100% member vote to amend or repeal a covenant from a Homeowner’s Association Board Member or Manager which was featured in the “National HOA Questions and Answers” Column of Pennsylvania Association Help Now Newspaper.
Mr. Linderman noted that generally, in New Jersey and Pennsylvania, the declaration of covenant require either a two-thirds or 80% vote to amend. Mr. Linderman noted that, from an operational standpoint, a 100% vote requirement would be impractical as it would give any member absolute veto power.
Mr. Linderman has successfully represented community associations in numerous litigations, including the defense of executive boards, complex construction suits, and statutory compliance related matters. He is a frequent lecturer to homeowners, property managers, and industry professionals on topics relating to community associations, corporate governance, bankruptcy and assessment collections. Mr. Linderman can be reached directly at 609-557-1032 or via email at firstname.lastname@example.org.