§ 33 §1602-117 — Amendment of declaration

(a) Except in cases of amendments that may be executed by a declarant under section 1602‑109, subsection (f) or 1602‑110; the association under section 1601‑107, 1602‑106, subsection (d), 1602‑108, subsection (c), 1602‑112, subsection (a) or 1602‑113; or certain unit owners under section 1602‑108, subsection (b), 1602‑112, subsection (a), 1602‑113, subsection (b) or 1602‑118, subsection (b), and except as limited by subsection (d), the declaration, including the plats and plans, may be amended only by vote or agreement of the unit owners of units to which at least 67% of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.
(b) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.
(c) Every amendment to the declaration must be recorded and is effective only upon recordation. Notice of the amendment shall be sent to all unit owners and mortgagees known to the executive board, but failure to send such notices shall not affect the validity of the amendment.
(d) Except to the extent expressly permitted or required by other provisions of this Act, no amendment may create or increase special declarant rights, increase the number of units, change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted, in the absence of unanimous consent of the unit owners.
(e) Amendments to the declaration required by this Act to be recorded by the association shall be prepared, executed, recorded and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.

Legislative History

PL 1981, c. 699 (NEW).