§514A-82.2 - Restatement of declaration and bylaws.
§514A-82.2
Restatement of declaration and bylaws. (a) Notwithstanding any other provision of this chapter or of any
other statute or instrument, an association of apartment owners may at any time
restate the declaration of condominium property regime of the project or the
bylaws of the association to set forth all amendments thereof by a resolution
adopted by the board of directors.
(b) An
association of apartment owners may at any time restate the declaration of
condominium property regime of the project or the bylaws of the association to
amend the declaration or bylaws as may be required to conform with the
provisions of this chapter or of any other statute, ordinance, rule or
regulation enacted by any governmental authority, by a resolution adopted by
the board of directors, and the restated declaration or bylaws shall be as
fully effective for all purposes as if adopted by the vote or written consent
of the apartment owners; provided that any declaration of condominium property
regime or bylaws restated pursuant to this subsection shall identify each
portion so restated and shall contain a statement that those portions have been
restated solely for purposes of information and convenience, identifying the
statute, ordinance, rule, or regulation implemented by the amendment, and that
in the event of any conflict, the restated declaration or bylaws shall be
subordinate to the cited statute, ordinance, rule, or regulation.
(c) Upon
the adoption of a resolution pursuant to subsection (a) or (b), the restated
declaration of condominium property regime or bylaws shall set forth all of the
operative provisions of the declaration of condominium property regime or
bylaws, as amended, together with a statement that the restated declaration of
condominium property regime or bylaws correctly sets forth without change the
corresponding provisions of the declaration of condominium property regime or
bylaws, as amended, and that the restated declaration of condominium property
regime or bylaws supersede the original declaration of condominium property
regime or bylaws and all prior amendments thereto.
(d) The
restated declaration of condominium property regime or bylaws shall be recorded
in the manner provided in section 514A-11, 514A-82, or both, and upon recordation
shall supersede the original declaration of condominium property regime or
bylaws and all prior amendments thereto; provided that in the event of any
conflict, the restated declaration of condominium property regime or bylaws
shall be subordinate to the original declaration of condominium property regime
or bylaws and all prior amendments thereto. [L 2007, c 244, pt of §2]