55-453 - Amendment of declaration.
§ 55-453. Amendment of declaration.
A. Except in cases of amendments that may be executed by a declarant under §55-446, the association under § 55-430, subsection C of § 55-443, subsectionC of § 55-445, subsection A of § 55-448, or § 55-449, or certain proprietarylessees under subsection B of § 55-445, subsection A of § 55-448, subsectionB of § 55-449, or subsection B of § 55-454 and except as limited bysubsection D, the declaration may be amended only by vote or agreement ofproprietary lessees of cooperative interests to which at least two-thirds ofthe votes in the association are allocated, or any larger majority thedeclaration specifies. The declaration may specify a smaller number only ifall of the units are restricted exclusively to nonresidential use.
B. No action to challenge the validity of an amendment adopted by theassociation pursuant to this section may be brought more than one year afterthe amendment is recorded.
C. Every amendment to the declaration must be recorded in every city orcounty in which any portion of the cooperative is located and is effectiveonly upon recordation. An amendment shall be indexed in the grantee's indexin the name of the cooperative and the association and in the grantor's indexin the name of the parties executing the amendment.
D. The declaration may be amended to extend the time limit within whichspecial declarant rights imposed by the declaration pursuant to subdivision A8 of § 55-442 may be exercised only by vote or agreement of proprietarylessees of cooperative interests to which at least two-thirds of the votes inthe association are allocated to cooperative interests not owned by adeclarant, or any larger percentage the declaration specifies. Except to theextent expressly permitted or required by this subsection or other provisionsof this chapter, no amendment may create or increase special declarantrights, increase the number of units, or change the boundaries of any unit,the allocated interests of a cooperative interest or the uses to which anyunit is restricted, in the absence of unanimous consent of the proprietarylessees.
E. If the time limit specified in the declaration for the creation ofcooperative interests or the exercise of special declarant rights hasexpired, with the approval of the persons entitled to cast at leasttwo-thirds of the votes in the association, other than any votes allocated tocooperative interests owned by the declarant, or any larger percentage as thedeclaration specifies, the declaration may be amended to (i) revive andreinstate any or all of the expired rights to create additional cooperativeinterests and any or all of the expired special declarant rights, and (ii)vest in any person, including the original declarant, any or all of thepowers, rights, privileges, and authority to which a declarant is entitledunder this chapter regarding the exercise of the revived and reinstatedrights with respect to any parcel of real estate that is a common element orany additional real estate that such amendment permits to be added to thecooperative. In no event, however, shall any such amendment extend or renew aperiod of declarant control of the association or provide a new period ofdeclarant control.
F. Amendments to the declaration required by this chapter to be recorded bythe association shall be prepared, executed, recorded and certified on behalfof the association by any officer of the association designated for thatpurpose or, in the absence of designation, by the president of theassociation.
(1982, c. 277; 2008, c. 628; 2009, c. 221.)