To amend a provision in the Master Deed, Declaration or Bylaws typically requires an affirmative vote of a supermajority (sometimes 67 or 75 percent) of the unit owners, measured by their beneficial interests in the condominium. This may appear so daunting that many boards give up at this point. However, the documents usually don't require that unit owners approve amendments at a meeting or at one time. (Be sure to consult and follow your particular documentary requirements exactly.) While you're at it, you might want to consider an amendment to lower the percentage required for future amendments!

Do Your Homework.  As a board considers matters that might call for amendment, you should determine the legality of proposals, alternative approaches, drafting of language and further suggestions for amendment. Based on this review, you may decide that some amendments may be controversial and others not. From there, you should decide whether the amendments should be presented as a package or piecemeal.

Inform the Owners.  It is a good idea to circulate proposed amendments, accompanied by a brief explanation and rationale for the change. Then you can schedule a meeting of owners to discuss the proposals, answer questions and determine support or opposition. If there is substantial opposition, your board can scrap or redraft the proposal.

Getting Votes.  Once the board determines that support is likely to be obtained for the proposals, you can begin collecting signatures. The usual amendment provision will permit the trustees, manager and other interested owners to go around the development collecting signatures until the necessary percentage is obtained. Time limits, if present, are usually generous and with some effort, you should be able to obtain the necessary number.

Finalizing and Recording.  The next step is to put the formal amendment document in order. This contains the text of the amendments, is usually executed by a majority of the trustees, and includes the percentage of the unit owners voting in favor. (It is essential that the signature sheets be retained in the permanent records of the condominium.) Then the amendment is recorded at the Registry of Deeds as the final step in making it effective.

To summarize, the process of amending your association documents involves: determining what should be changed, assessing the feasibility of getting amendments passed, drafting the language, "selling" the proposed changes to unit owners, finalizing the amendment document and recording it.

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