§ 32-25-7-7 — Amending declaration; consents required

Indiana § 32-25-7-7

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 25: CONDOMINIUMS
• Ch. 7: Declaration

Text

The declaration must contain a provision
allowing the co-owners to amend the declaration at any time, from time
to time, subject to the following:
(1) The declarant's consent to an amendment may be required if:
(A) the declarant owns one (1) or more units within the
condominium; and
(B) not more than seven (7) years have passed since the original
declaration was first recorded.
(2) The consent of the co-owners to the amendment has been
obtained as evidenced by either of the following:
(A) The vote of the co-owners at a meeting called for the
purpose of considering the amendment.
(B) A written instrument signed by the co-owners.
The declaration may not require that the consent of more than
seventy-five percent (75%) of the co-owners is required for
consent under this subdivision.
(3) If the consent of first mortgage holders is required, only first
mortgage holders that provide an address to the secretary of the
board must be notified. The consent of a first mortgage holder
must be indicated in a written instrument signed by the mortgage
holder. However, a mortgage holder is considered to have
consented to a proposed amendment if the mortgage holder does
not respond to a written request for consent within thirty (30) days
after the mortgage holder receives the request. The governing
documents may not require that the consent of more than
seventy-five percent (75%) of first mortgage holders eligible to
receive notice is required for consent under this subdivision.
(4) Notwithstanding subdivisions (1) through (3), the declaration
may require the approval of at least ninety-five percent (95%) of
the co-owners to convey common areas or to dissolve the
condominium.

Legislative History

As added by P.L.141-2015, SEC.2. Amended by P.L.164-2016, SEC.1.