Download as PDF
381.9155 Amendment of declaration.
(1)
(2)
(3)
(4)
(5)
Except in cases of amendments that may be executed by a declarant under KRS
381.9141(6) or 381.9143; the association under KRS 381.9113, 381.9135(4),
381.9139(3), 381.9147(1), or 381.9149; or certain unit owners under KRS
381.9139(2), 381.9147(1), or 381.9149(2), and except as limited by subsection (4)
of this section and KRS 381.9187(6), the declaration, including the plats and plans,
may be amended only by vote or agreement of unit owners of units to which at least
sixty-seven percent (67%) of the votes in the association are allocated, or any larger
majority specified in the declaration. The declaration may specify a smaller number
only if all of the units are restricted exclusively to nonresidential use.
An action to challenge the validity of an amendment adopted by the association
pursuant to this section shall not be brought more than one (1) year after the
amendment is recorded.
Every amendment to the declaration shall be recorded in every county in which any
portion of the condominium is located, and is effective only upon recordation. An
amendment shall be indexed in the name of the condominium and the association
and in the name of the parties executing the amendment.
Except to the extent expressly permitted or required by other provisions of KRS
381.9101 to 381.9207, an amendment shall not create or increase special declarant
rights, increase the number of units, change the boundaries of any unit, the allocated
interests of a unit, or the uses to which any unit is restricted, in the absence of
unanimous consent of the unit owners.
Amendments to the declaration required by KRS 381.9101 to 381.9207 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.
Effective: April 11, 2012
History: Amended 2012 Ky. Acts ch. 99, sec. 12, effective April 11, 2012. -- Created
2010 Ky. Acts ch. 97, sec. 28, effective January 1, 2011.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.