Q: I live in a high-rise condo. At a recent regular 48-hour posted notice board meeting, with an agenda, one of the directors made a motion to adopt a rule about quiet hours that was not listed on the official agenda. The motion was approved by the board and is now a rule in our governing documents. Is this allowed?
A: Probably not. First, the Condominium Act requires all Board meeting notices to contain an agenda identifying the matters that the Board will be considering at the meeting. Unless, an item is added to the agenda on an emergency basis, the Board cannot take action (vote) on matters not listed on the agenda. So, that is problem number one. Problem number two is that when a Board adopts a rule that affects the use of a Unit the meeting requires special 14 days mailed and posted notice to all owners. In this case, not only was the rule not listed on the agenda, but the notice was not sufficient. Thus, the rule was not properly adopted and is not enforceable at this time.
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