There MAY be something in a Prop Lease that can be changed by board resolution only (in some cases there are, but your attorney would have to check this out) but a flip tax is not one of them.

V - you said you made the mistake of "relying" on a super- majority to pass a flip tax. That sounds like you weren't sure what % of shares you needed and just hoped for a super-majority. Maybe you only need 51% or 66-2/3%. A section in the Lease entitled "Changes in Terms and Conditions of Prop Leases" (Paragraph 6 in ours) states what % of shares you need to change/amend the Lease. Trying to pass a flip tax should never be done without your coop attorney's help, and the language and the terms of any change/amendment should be very precise and complete.

There are also different types of flip tax: per-share, flat fee, % of sale price, % of net profit, or a combination of them. Shs might vote for a per-share but not for % of sale price if they worry that the board will change the % (say, from 4% to 6%) at any future time - which a board can do.

Before you ask Shs to vote on a flip tax you have to decide what type of flip tax would be best for your coop based on things like how pricey your apts are, how many new v. long-time Shs you have, if you have good relations and support from Shs or if you have a lot of opposition/complainers, etc. Then you have to wage an "ad campaign" for the flip tax. You have to "sell" it - tell Shs all about it, stress its benefits, explain that it can raise money for future projects that won't come out of everyone's pocket, etc.

NOTE TO ALL - Check with your coop attorney on this first but here's something many bldgs do. Some do this and don't even bother with all the hassle of trying for a flip tax.

By board resolution only, a board can enact a coop policy (like it has the power to enact any policy) establishing a fee on the sale of shares. The board sets the fee amount (typically, equal to a total of 4 or 6 months maintenance) payable to the coop at an apt closing - usually 50% by the seller and 50% by the buyer.

You can't call this a "tax" or use certain other language. Your coop attorney can advise you about this. Some bldgs call it a "Move-in and Move-Out Fee" or an "Administrative Transfer Fee". Worth looking into ~ But again, don't do this without consulting with your coop attorney first.