§ 3219. Amendment of declaration.
(a) Number of votes required.--
(1) The declaration, including the plats and plans, may be amended only by vote or agreement of unit owners of units to which at least:
(i) sixty-seven percent of the votes in the association are allocated;
(ii) any larger majority the declaration specifies; or
(iii) a smaller number as specified in the declaration if all of the units are restricted exclusively to nonresidential use.
(2) Paragraph (1) is limited by subsection (d) and section 3221 (relating to rights of secured lenders).
(3) Paragraph (1) shall not apply to any of the following:
(i) Amendments executed by a declarant under:
(A) section 3210(e) and (f) (relating to plats and plans);
(B) section 3211(a) (relating to conversion and expansion of flexible condominiums); or
(C) section 3212(a) (relating to withdrawal of withdrawable real estate).
(ii) Amendments executed by the association under:
(A) subsection (f);
(B) section 3107 (relating to eminent domain);
(C) section 3207(d) (relating to leasehold condominiums);
(D) section 3209(c) (relating to limited common elements); or
(E) 3215(a) (relating to subdivision or conversion of units).
(iii) Amendments executed by certain unit owners under:
(A) section 3209(b);
(B) section 3214(a) (relating to relocation of boundaries between adjoining units);
(C) section 3215(b); or
(D) section 3220(b) (relating to termination of condominium).
(iv) Amendments executed by a declarant which conform the maximum time limit for exercising declarant options to the time limit authorized by sections 3205(12) and (13) (relating to contents of declaration; all condominiums) and 3206(2) (relating to contents of declaration; flexible condominiums).
(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.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30, 2004, P.L.1509, No.191, eff. 60 days; July 2, 2013, P.L.204, No.37, eff. imd.)
2013 Amendment. Act 37 amended subsec. (a). See section 2 of Act 37 in the appendix to this title for special provisions relating to applicability.
2004 Amendment. Act 191 amended subsecs. (a) and (f).
Cross References. Section 3219 is referred to in sections 3102, 3211, 3303 of this title.
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