66-27-317 - Amendment of declaration. - Tennessee Statutes

66-27-317. Amendment of declaration.

(a)  Except in cases of amendments that may be executed by a declarant under § 66-27-309(f) or § 66-27-310, the association under § 66-27-207, § 66-27-306(d), § 66-27-308(c), § 66-27-312(a), or § 66-27-313, or certain unit owners under § 66-27-308(b), § 66-27-312(a), § 66-27-313(b), or § 66-27-318(b), and except as limited by subsections (d) or (e) of this section, 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 the declaration specifies. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential use.

(b)  No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one (1) year after the amendment is recorded.

(c)  Every amendment to the declaration must 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 grantee's index in the name of the condominium and the association and in the grantor's index in the name of the parties executing the amendment.

(d)  Except to the extent expressly permitted or required by part 1, this part and parts 4 and 5 of this chapter, no amendment may change the boundaries of any unit, or the allocated interests of a unit, or prohibit the leasing of any unit, in the absence of the consent of all affected unit owners.

(e)  Except to the extent expressly permitted or required by part 1, this part and parts 4 and 5 of this chapter, no amendment may increase special declarant rights without the consent of sixty-seven percent (67%) of the votes of the association other than the declarant.

(f)  Amendments to the declaration required by part 1, this part and parts 4 and 5 of this chapter 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.

[Acts 2008, ch. 766, § 1.]