4216 - Amendment of declaration.

     § 4216.  Amendment of declaration.        (a)  Number of votes required.--Except in cases of amendments     that may be executed by a declarant under section 4209 (relating     to exercise of development rights), the association under     section 4107 (relating to eminent domain), 4206(c) (relating to     leasehold cooperatives), 4208(c) (relating to limited common     elements), 4211(a) (relating to relocation of boundaries between     adjoining units) or 4212 (relating to subdivision of units), the     executive board of the association under subsection (f) or     certain proprietary lessees under section 4208(b), 4211(a),     4212(b) or 4217(b) (relating to termination of cooperative     ownership), and except as limited by subsection (d) and section     4218 (relating to rights of secured lenders and secured     creditors), the declaration may be amended only by vote or     agreement of proprietary lessees of cooperative interests to     which at least 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 of the     units are restricted exclusively to nonresidential use.        (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     six months 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     cooperative is located in the same records as are maintained for     the recording of deeds of real property and is effective only     upon recordation. In cases where the amendment is executed by     the association, it shall be indexed in the name of the     cooperative and the association in both the grantor and the     grantee index. In cases where the amendment is executed by the     declarant or one or more proprietary lessees, it shall be     indexed in the grantee's index in the name of the cooperative     and the association and in the grantor's index in the name of     the declarant or proprietary lessee or lessees, as well as in     the name of the association.        (d)  Restrictions on amendments.--Except to the extent     expressly permitted or required by the provisions of this     subpart, no amendment may create or increase special declarant     rights in the absence of the unanimous consent of the     proprietary lessees nor may any amendment otherwise duly     adopted:            (1)  Change the boundaries of any unit without the        approval of the proprietary lessee of such unit.            (2)  Change the allocated interests of a cooperative        interest without the approval of the proprietary lessee who        owns such cooperative interest.            (3)  Change the uses to which any unit is restricted        without the approval of the proprietary lessee of such unit.        (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     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)  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 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 cooperative projects     (such as the Federal National Mortgage Association and the     Federal Home Loan Mortgage Corporation), to comply with any     statute, regulation, code or ordinance applicable to the     cooperative 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 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 proprietary     lessees or the holders of any liens on all or any part of the     cooperative, 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.     (Nov. 30, 2004, P.L.1499, No.190, eff. 60 days)        2004 Amendment.  Act 190 amended subsecs. (a) and (f).        Cross References.  Section 4216 is referred to in sections     4102, 4209, 4303 of this title.