Amendment of cooperative documents

Common Elements summary — Section 719.1055 governs how the cooperative's declarative documents (articles, bylaws, ground lease, proprietary lease) get amended. The default approval threshold is the percentage stated in the bylaws, but the statute imposes hard floors: amendments that materially alter or modify the size or configuration of any unit, or change the unit's appurtenant share of common expenses, require the affirmative consent of the affected member AND any mortgagee of record. The section also requires that proposed amendments be circulated to every member with the meeting notice, that the full text (with deletions stricken and additions underlined) be available, and that the amendment be recorded in the public records of the county where the cooperative sits. Unrecorded amendments do not bind successor members. For boards: cooperatives often have older, looser bylaws that don't specify amendment procedure clearly. When in doubt, default to two-thirds of all voting members at a duly-noticed meeting and run the draft past association counsel. Sloppy amendments are how cooperative governance disputes spiral into quiet-title actions.

Not legal advice. Click through to the official source for statutory text.