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-   -   Condominium Common Elements (https://www.askmehelpdesk.com/showthread.php?t=773895)

  • Nov 4, 2013, 11:56 AM
    Morden Condo
    Condominium Common Elements
    The Corporation may, by a vote of Owners who own eighty per cent of the Common Elements, at a meeting of Owners called for that purpose, make any substantial addition, alteration or improvement to or renovation of the Common Elements, or make any substantial change in the assets of the Corporation.
    The Corporation may, by a vote of a majority of the Owners, at a meeting of Owners called for that purpose make any other addition, alteration or improvement to, or renovation of the Common Elements, or make any other change in the assets of the Corporation.
  • Nov 4, 2013, 12:07 PM
    smoothy
    Quote:

    The Corporation may, by a vote of Owners who own eighty per cent of the Common Elements, at a meeting of Owners called for that purpose, make any substantial addition, alteration or improvement to or renovation of the Common Elements, or make any substantial change in the assets of the Corporation.
    The Corporation may, by a vote of a majority of the Owners, at a meeting of Owners called for that purpose make any other addition, alteration or improvement to, or renovation of the Common Elements, or make any other change in the assets of the Corporation.
    That makes no sense what so ever? Even though you said it twice. Thats a statement not a question.
  • Nov 4, 2013, 01:23 PM
    ScottGem
    And your question is?
  • Nov 4, 2013, 02:20 PM
    LisaB4657
    I'm going to guess that your question is "What is the difference between these two clauses?" And if that's your question, the answer is that a substantial change requires a vote by 80% and any other change requires a vote of only a majority. If you're looking for a definition of "substantial" then you need to look through the rest of the governing documents to see if it's defined there. If it isn't defined there then a court will decide.
  • Nov 4, 2013, 03:41 PM
    AK lawyer
    Quote:

    Originally Posted by LisaB4657 View Post
    I'm going to guess that your question is "What is the difference between these two clauses?" And if that's your question, the answer is that a substantial change requires a vote by 80% and any other change requires a vote of only a majority. If you're looking for a definition of "substantial" then you need to look through the rest of the governing documents to see if it's defined there. If it isn't defined there then a court will decide.

    That would be true. But what puzzles me is what the clause "Owners who own eighty per cent of the Common Elements" actually means. Normally the common elements are owned by the corporation, not the individual owners. And does one figure percentage by square foot, or what? Finally, I am perturbed by the fact that whoever presumably got paid big money to "professionally" draft this language is clueless regarding the difference between a proper noun and in improper noun (or noun phrase).
  • Nov 4, 2013, 03:56 PM
    LisaB4657
    Quote:

    Originally Posted by AK lawyer View Post
    That would be true. But what puzzles me is what the clause "Owners who own eighty per cent of the Common Elements" actually means. Normally the common elements are owned by the corporation, not the individual owners. And does one figure percentage by square foot, or what? Finally, I am perturbed by the fact that whoever presumably got paid big money to "professionally" draft this language is clueless regarding the difference between a proper noun and in improper noun (or noun phrase).

    Owners own a percentage interest in the Common Elements according to a schedule attached to the Master Deed. The percentage interest is attached to the specific unit.

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