2010 Pennsylvania Code
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 32 - Creation, Alteration and Termination of Condominiums
3219 - Amendment of declaration.

     § 3219.  Amendment of declaration.
        (a)  Number of votes required.--Except in cases of amendments
     that may be executed by a declarant under section 3210(e) and
     (f) (relating to plats and plans), 3211(a) (relating to
     conversion and expansion of flexible condominiums) or 3212(a)
     (relating to withdrawal of withdrawable real estate); the
     association under subsection (f) or section 3107 (relating to
     eminent domain), 3207(d) (relating to leasehold condominiums),
     3209(c) (relating to limited common elements) or 3215(a)
     (relating to subdivision or conversion of units); or certain
     unit owners under section 3209(b) (relating to limited common
     elements), 3214(a) (relating to relocation of boundaries between
     adjoining units), 3215(b) (relating to subdivision or conversion
     of units) or 3220(b) (relating to termination of condominium),
     and except as limited by subsection (d) and section 3221
     (relating to rights of secured lenders), the declaration,
     including the plats and plans, may be amended only by vote or
     agreement of unit owners of units 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
     one year 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
     condominium is located in the same records as are maintained for
     the recording of deeds of real property and shall be indexed in
     the name of the condominium in both the grantor and grantee
     index. An amendment is effective only upon recordation.
        (d)  When unanimous consent required.--Except to the extent
     expressly permitted or required by other provisions of this
     subpart, no amendment may create or increase special declarant
     rights, increase the number of units or change the boundaries of
     any unit, the common element interest, common expense liability
     or voting strength in the association allocated to a unit, or
     the uses to which any unit is restricted, in the absence of
     unanimous consent of the unit owners.
        (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
     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, including the plats and plans, 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 condominium projects (such as the Federal National
     Mortgage Association and the Federal Home Loan Mortgage
     Corporation), to comply with any statute, regulation, code or
     ordinance which may now or hereafter be made applicable to the
     condominium 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, tenants 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
     unit owners or the holders of any liens on all or any part of
     the condominium, 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.
     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30, 2004,
     P.L.1509, No.191, eff. 60 days)

        2004 Amendment.  Act 191 amended subsecs. (a) and (f).
        Cross References.  Section 3219 is referred to in sections
     3102, 3211, 3303 of this title.