33-1227. Amendment of declaration
A. Except in cases of amendments that may be executed by a declarant under section
33-1220, by the association under section 33-1206 or section 33-1216, subsection D, or by
certain unit owners under section 33-1218, subsection B, section 33-1222, section 33-1223
or section 33-1228, subsection B, and except to the extent permitted or required by other
provisions of this chapter, the declaration, including the plat, may be amended only by a
vote of the unit owners to which at least sixty-seven per cent of the votes in the
association are allocated, or any larger majority the declaration specifies. The
declaration may specify a smaller percentage only if all of the units are restricted
exclusively to nonresidential use. The declaration may also provide that the consent of
the declarant is required to an amendment during any period of declarant control pursuant
to section 33-1243. Within thirty days after the adoption of any amendment pursuant to
this subsection, the association shall prepare, execute and record a written instrument
setting forth the amendment.
B. An action to challenge the validity of an amendment adopted by the association
pursuant to this section shall not be brought more than one year after the amendment is
recorded.
C. An amendment to the declaration shall be recorded in each county in which any
portion of the condominium is located and is effective only on recordation in the same
manner as required for the declaration under section 33-1211.
D. Except to the extent expressly permitted or required by other provisions of this
chapter, an amendment shall not create or increase special declarant rights, increase the
number of units or 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. An amendment shall not terminate or decrease any unexpired development right,
special declarant right or period of declarant control unless the declarant approves.
F. Amendments to the declaration required by this chapter to be executed by the
association shall be executed 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.
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