§ 34-36.1-2.17 Amendment of declaration.– (a) Except in cases of amendments that may be executed by a declarant under§ 34-36.1-2.09(f) or 34-36.1-2.10; the association under §34-36.1-1.07, 34-36.1-2.06(d), 34-36.1-2.07(f), 34-36.1-2.08(c),34-36.1-2.12(a), or 34-36.1-2.13; or certain unit owners under §34-36.1-2.07(f), 34-36.1-2.08(b), 34-36.1-2.12, 34-36.1-2.13(b), or34-36.1-2.18(b), and except as limited by subsection (d) of this section, thedeclaration, including the plats and plans, may be amended only by vote oragreement of unit owners of units to which at least sixty-seven percent (67%)of the votes in the association are allocated, or any larger majority thedeclaration specifies. The declaration may specify a smaller number only if allthe units are restricted exclusively to nonresidential use.
(b) No action to challenge the validity of an amendmentadopted by the association pursuant to this section may be brought more thanone year after the amendment is recorded.
(c) Every amendment to the declaration must be recorded inevery municipality in which any portion of the condominium is located, and iseffective only upon recordation. An amendment shall be indexed in the grantee'sindex in the name of the condominium and the association and in the grantor'sindex in the name of the parties executing the amendment.
(d) Except to the extent expressly permitted or required byother provisions of this chapter, no amendment may create or increase specialdeclarant rights, increase the number of units, change the boundaries of anyunit, the allocated interests of a unit, or the uses to which any unit isrestricted, in the absence of unanimous consent of the unit owners.
(e) Amendments to the declaration required by this chapter tobe recorded by the association shall be prepared, executed, recorded, andcertified on behalf of the association by any officer of the associationdesignated for that purpose or, in the absence of designation, by the presidentof the association.
(f) A declaration and bylaws may require that amendments toany sections dealing with housing restrictions as set forth in §34-39.1-3, may also require notice to and/or consent of the restriction holderbefore such amendments shall take effect.
§ 34-36.1-2.17 Amendment of declaration.– (a) Except in cases of amendments that may be executed by a declarant under§ 34-36.1-2.09(f) or 34-36.1-2.10; the association under §34-36.1-1.07, 34-36.1-2.06(d), 34-36.1-2.07(f), 34-36.1-2.08(c),34-36.1-2.12(a), or 34-36.1-2.13; or certain unit owners under §34-36.1-2.07(f), 34-36.1-2.08(b), 34-36.1-2.12, 34-36.1-2.13(b), or34-36.1-2.18(b), and except as limited by subsection (d) of this section, thedeclaration, including the plats and plans, may be amended only by vote oragreement of unit owners of units to which at least sixty-seven percent (67%)of the votes in the association are allocated, or any larger majority thedeclaration specifies. The declaration may specify a smaller number only if allthe units are restricted exclusively to nonresidential use.
(b) No action to challenge the validity of an amendmentadopted by the association pursuant to this section may be brought more thanone year after the amendment is recorded.
(c) Every amendment to the declaration must be recorded inevery municipality in which any portion of the condominium is located, and iseffective only upon recordation. An amendment shall be indexed in the grantee'sindex in the name of the condominium and the association and in the grantor'sindex in the name of the parties executing the amendment.
(d) Except to the extent expressly permitted or required byother provisions of this chapter, no amendment may create or increase specialdeclarant rights, increase the number of units, change the boundaries of anyunit, the allocated interests of a unit, or the uses to which any unit isrestricted, in the absence of unanimous consent of the unit owners.
(e) Amendments to the declaration required by this chapter tobe recorded by the association shall be prepared, executed, recorded, andcertified on behalf of the association by any officer of the associationdesignated for that purpose or, in the absence of designation, by the presidentof the association.
(f) A declaration and bylaws may require that amendments toany sections dealing with housing restrictions as set forth in §34-39.1-3, may also require notice to and/or consent of the restriction holderbefore such amendments shall take effect.
§ 34-36.1-2.17 Amendment of declaration.– (a) Except in cases of amendments that may be executed by a declarant under§ 34-36.1-2.09(f) or 34-36.1-2.10; the association under §34-36.1-1.07, 34-36.1-2.06(d), 34-36.1-2.07(f), 34-36.1-2.08(c),34-36.1-2.12(a), or 34-36.1-2.13; or certain unit owners under §34-36.1-2.07(f), 34-36.1-2.08(b), 34-36.1-2.12, 34-36.1-2.13(b), or34-36.1-2.18(b), and except as limited by subsection (d) of this section, thedeclaration, including the plats and plans, may be amended only by vote oragreement of unit owners of units to which at least sixty-seven percent (67%)of the votes in the association are allocated, or any larger majority thedeclaration specifies. The declaration may specify a smaller number only if allthe units are restricted exclusively to nonresidential use.
(b) No action to challenge the validity of an amendmentadopted by the association pursuant to this section may be brought more thanone year after the amendment is recorded.
(c) Every amendment to the declaration must be recorded inevery municipality in which any portion of the condominium is located, and iseffective only upon recordation. An amendment shall be indexed in the grantee'sindex in the name of the condominium and the association and in the grantor'sindex in the name of the parties executing the amendment.
(d) Except to the extent expressly permitted or required byother provisions of this chapter, no amendment may create or increase specialdeclarant rights, increase the number of units, change the boundaries of anyunit, the allocated interests of a unit, or the uses to which any unit isrestricted, in the absence of unanimous consent of the unit owners.
(e) Amendments to the declaration required by this chapter tobe recorded by the association shall be prepared, executed, recorded, andcertified on behalf of the association by any officer of the associationdesignated for that purpose or, in the absence of designation, by the presidentof the association.
(f) A declaration and bylaws may require that amendments toany sections dealing with housing restrictions as set forth in §34-39.1-3, may also require notice to and/or consent of the restriction holderbefore such amendments shall take effect.
