(a) Number of votes
required.--Except in cases of amendments that may be executed by a declarant
under section 3210(e) and (f) (relating to plats and plans), 3211(a) (relating
to conversion and expansion of flexible condominiums) or 3212(a) (relating
to withdrawal of withdrawable real estate); the association under subsection
(f) or section 3107 (relating to eminent domain), 3207(d) (relating to leasehold
condominiums), 3209(c) (relating to limited common elements) or 3215(a)
(relating to subdivision or conversion of units); or certain unit owners
under section 3209(b) (relating to limited common elements), 3214(a) (relating
to relocation of boundaries between adjoining units), 3215(b) (relating
to subdivision or conversion of units) or 3220(b) (relating to termination
of condominium), and except as limited by subsection (d) and section 3221
(relating to rights of secured lenders), the declaration, including the
plats and plans, may be amended only by vote or agreement of 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) Limitation
of action to challenge amendment.--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) Recording amendment.--Every
amendment to the declaration must be recorded in every county in which any
portion of the condominium is located in the same records as are maintained
for the recording of deeds of real property and shall be indexed in the
name of the condominium in both the grantor and grantee index. An amendment
is effective only upon recordation.
(d) When unanimous
consent required.--Except to the extent expressly permitted or required
by other provisions of this subpart, no amendment may create or increase
special declarant rights, increase the number of units or change the boundaries
of any unit, the common element interest, common expense liability or voting
strength in the association allocated to a unit, or the uses to which any
unit is restricted, in the absence of unanimous consent of the unit owners.
(e) Officer authorized
to execute amendment.--Amendments to the declaration required by this subpart
to be recorded by the association shall be prepared, executed, recorded
and certified by any officer of the association designated for that purpose
or, in the absence of designation, by the president of the association.
(f) Corrective
amendments.--Except as otherwise provided in the declaration, if any amendment
to the declaration is necessary in the judgment of the executive board to
cure any ambiguity or to correct or supplement any provision of the declaration,
including the plats and plans, that is defective, missing or inconsistent
with any other provision thereof or with this subpart or if an amendment
is necessary in the judgment of the executive board to conform to the requirements
of any agency or entity that has established national or regional standards
with respect to loans secured by mortgages or deeds of trust on units in
condominium projects (such as the Federal National Mortgage Association
and the Federal Home Loan Mortgage Corporation),
to comply with any statute, regulation, code or ordinance which may now
or hereafter be made applicable to the condominium or association, or to
make a reasonable accommodation or permit a reasonable modification in favor
of handicapped, as may be defined by prevailing Federal or State laws or
regulations applicable to the association, unit owners, residents, tenants
or employees, then, at any time and from time to time, the executive board
may, at its discretion, effect an appropriate corrective amendment without
the approval of the unit owners or the holders of any liens on all or any
part of the condominium, upon receipt by the executive board of an opinion
from independent legal counsel to the effect that the proposed amendment
is permitted by the terms of this subsection.
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