Q What options are available for amending our condominium declaration? Our condominium association has often recommended and even voted in favor of making amendments to the declaration but these are not followed through on. The general understanding is that amendments must be handled through an attorney thus costing the association a great deal of money, which we, like most associations are in short supply of.

—Change in Charlestown

A “The procedures for amending the declaration vary by state and by condominium. Usually a supermajority of the unit owners must approve the amendments after the proposals are circulated in advance, and most declarations will explain the procedural details including any variations from the statute,” explains attorney Adam J. Cohen, Esq. of Pullman & Comley, LLC in Bridgeport, CT. “Also, the procedures or voting thresholds might differ depending on which provisions are being altered. For example, amending the definition of a unit or common area will usually be much harder than changing what fines the Board can impose.

“Involving an attorney is not legally mandatory, but is definitely worthwhile. The declaration is a complicated legal document governing millions of dollars of real estate. Not only can the amendment procedures be tricky, but a web of state and federal laws will require and prohibit certain clauses. The precise language used in an amendment, or the declaration’s silence on a particular subject, can have very significant unintended legal consequences. The advice of an attorney familiar with your state’s condominium laws will cost much less than fixing or litigating avoidable mistakes afterward.”