Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Goals, Business Plans & Entities
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 1 year ago on . Most recent reply

User Stats

327
Posts
63
Votes

Experienced General Partners or LLC managers

Anthony Freeman
Posted

Have you ever purchased more property under the same LLC with an existing operating agreement? How did the amendment process go? Did you keep the same agreement?

Is it better to start a new LLC with the same members with a fresh operating agreement?

Most Popular Reply

User Stats

322
Posts
179
Votes
Sean Morrison
  • Attorney
  • Slidell, LA
179
Votes |
322
Posts
Sean Morrison
  • Attorney
  • Slidell, LA
Replied

Disclaimer: I am an attorney, but I am not your attorney. This is not legal advice, just friendly information.

An LLC shouldn't need a new or amended operating agreement, unless the existing one limits the company to handling just one property. Then it needs to be amended. The rules for amending the agreement should be outlined in the agreement itself. If not, then you'll need to check your state's rules. But essentially, it requires a meeting of the members, and a vote. That meeting is how official decisions are made by the company.

When @Doug Smith says meeting minutes, those refer to the written record of the meeting - who was there, what was discussed and decided on, etc. The meeting could also be about authorizing a new property, and the minutes could reflect that limited authorization. 

Whether you create a new LLC for the new property is a different question. That has to do with liability protection, and there is a ton of talk on these forums about that.

Loading replies...