448.2-117. Amendment of declaration.

MISSOURI STATUTES AND CODES

448.2-117. Amendment of declaration.

Amendment of declaration.

448.2-117. 1. Except in cases of amendments that may beexecuted by a declarant under subsection 6 of section 448.2-109,or section 448.2-110; the association, under section 448.1-107,subsection 4 of section 448.2-106, subsection 3 of section448.2-108, or subsection 1 of section 448.2-112, or section448.2-113; or certain unit owners under subsection 2 of section448.2-108, subsection 1 of section 448.2-112, subsection 2 ofsection 448.2-113, or subsection 2 of section 448.2-118, andexcept as limited by subsection 4 of this section, thedeclaration, including the plats and plans, may be amended onlyby vote or agreement of unit owners of units to which at leastsixty-seven percent of the votes in the association areallocated, or any larger majority the declaration specifies. Thedeclaration may specify a smaller number only if all of the unitsare restricted exclusively to nonresidential use.

2. No action to challenge the validity of an amendmentadopted by the association pursuant to this section may bebrought more than one year after the amendment is recorded.

3. Every amendment to the declaration shall be recorded inevery county in which any portion of the condominium is located,and is effective only upon recordation. Every amendment shall beindexed in the name of the condominium, the association, and theparties executing the amendment.

4. Except to the extent expressly permitted or required byother provisions of sections 448.1-101 to 448.4-120, no amendmentmay create or increase special declarant rights, increase thenumber of units, or change the boundaries of any unit, theallocated interests of a unit, or the uses to which any unit isrestricted, in the absence of unanimous consent of the unitowners.

5. Amendments to the declaration required by sections448.1-101 to 448.4-120 to be recorded by the association shall beprepared, executed, recorded, and certified on behalf of theassociation by any officer of the association designated for thatpurpose or, in the absence of designation, by the president ofthe association.