§ 47C-2-117. Amendment of declaration.
§ 47C‑2‑117. Amendment of declaration.
(a) Except in cases of amendments that may be executed by adeclarant under G.S. 47C‑2‑109(d) or 47C‑2‑110, theassociation under G.S. 47C‑1‑107, 47C‑1‑106(d), 47C‑2‑112(a),or 47C‑2‑113, or certain unit owners under G.S. 47C‑2‑108(b),47C‑2‑112(a), 47C‑2‑113(b), or 47C‑2‑118(b),and except as limited by subsection (d), the declaration may be amended only byaffirmative vote of or a written agreement signed by, unit owners of units towhich at least sixty‑seven percent (67%) of the votes in the associationare allocated or any larger majority the declaration specifies. The declarationmay specify a smaller number only if all of the units are restrictedexclusively to nonresidential use.
(b) No action to challenge the validity of an amendment adoptedby the association pursuant to this section may be brought more than one yearafter the amendment is recorded.
(c) Every amendment to the declaration must be recorded in everycounty in which any portion of the condominium is located and is effective onlyupon recordation. An amendment shall be indexed in the Grantee's index in thename of the condominium and the association and in the Grantor's index in thename 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, or change the boundaries of anyunit, the allocated interest 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 to berecorded 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. (1985 (Reg. Sess.,1986), c. 877, s. 1.)