§ 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), or 34-36.1-2.18(b), and except as limited by subsection (d) of this section, the declaration, including the plats and plans, may be amended only by vote or agreement 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 the declaration specifies. The declaration may specify a smaller number only if all 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 in every municipality in which any portion of the condominium is located, and is effective only upon recordation. An amendment shall be indexed in the grantee's index in the name of the condominium and the association and in the grantor's index in the name of the parties executing the amendment.

(d) Except to the extent expressly permitted or required by other provisions of this chapter, 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 chapter 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.

(f) A declaration and bylaws may require that amendments to any sections dealing with housing restrictions as set forth in § 34-39.1-3, may also require notice to and/or consent of the restriction holder before such amendments shall take effect.

History of Section. (P.L. 1982, ch. 329, § 2; P.L. 1983, ch. 202, § 1; P.L. 2006, ch. 368, § 3; P.L. 2006, ch. 464, § 3.)