Section 11-103.1 - Corrective amendments.
§ 11-103.1. Corrective amendments.
(a) In general.- Unless the declaration or bylaws provide otherwise and subject to subsections (b) and (c) of this section, the council of unit owners or the board of directors may execute and record an amendment to the declaration, bylaws, or plat, to correct:
(1) A typographical error or other error in the percentage interests or number of votes appurtenant to any unit;
(2) A typographical error or other incorrect reference to another prior recorded document; or
(3) A typographical error or other incorrect unit designation or assignment of limited common elements if the affected unit owners and their mortgagees consent in writing to the amendment, and the consent documents are recorded with the amendment.
(b) Supporting documents.- If a council of unit owners or board of directors executes and records an amendment under subsection (a) of this section, the council or board shall also record with the amendment:
(1) During the time that the developer has an interest:
(i) The consent of the developer; or
(ii) An affidavit by the council or board that any developer who has an interest in the condominium has been provided a copy of the amendment and a notice that the developer may object in writing to the amendment within 30 days of receipt of the amendment and notice, that 30 days have passed since delivery of the amendment and notice, and that the developer has made no written objection; and
(2) An affidavit by the council or board that at least 30 days before recordation of the amendment a copy of the amendment was sent by first-class mail to each unit owner at the last address on record with the council of unit owners.
(c) Entitlement to record; effective date.- An amendment under this section is entitled to be recorded and is effective upon recordation if accompanied by the supporting documents required by this section.
[1995, ch. 576; 2009, ch. 60.]