����� 1. Except as otherwise provided in NRS 116.21175 , and except in cases of
amendments that may be executed by a declarant under subsection 5 of NRS 116.2109 or NRS 116.211 , or by the association under NRS 116.1107 , 116.2106 , subsection 3 of NRS 116.2108 , subsection 1 of NRS 116.2112 or NRS 116.2113 , or by certain units� owners
under subsection 2 of NRS 116.2108 ,
subsection 1 of NRS 116.2112 ,
subsection 2 of NRS 116.2113 or
subsection 2 of NRS 116.2118 , and
except as otherwise limited by subsections 4, 6, 7 and 8, the declaration,
including any plats, may be amended only by vote or agreement of units� owners
of units to which at least a majority of the votes in the association are
allocated, unless the declaration specifies a different percentage for all
amendments or for specified subjects of amendment. If the declaration requires
the approval of another person as a condition of its effectiveness, the
amendment is not valid without that approval.
����� 2. No action to challenge the validity of
an amendment adopted by the association pursuant to this section may be brought
more than 1 year after the amendment is recorded.
����� 3. Every amendment to the declaration must
be recorded in every county in which any portion of the common-interest
community is located and is effective only upon recordation. An amendment must
be indexed in the grantee�s index in the name of the common-interest community
and the association and in the grantor�s index in the name of the parties
executing the amendment.
����� 4. Except to the extent expressly
permitted or required by other provisions of this chapter, no amendment may
change the boundaries of any unit or change the allocated interests of a unit
in the absence of unanimous consent of only those units� owners whose units are
affected and the consent of a majority of the owners of the remaining units,
including a majority of the votes allocated to units not owned by the
declarant.
����� 5. Amendments to the declaration required
by this chapter to be recorded by the association must 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.
����� 6. Except as otherwise provided in
subsection 9, an amendment to the declaration which prohibits or materially
restricts the permitted uses of a unit or the number or other qualifications of
persons who may occupy units may not be enforced against a unit�s owner who was
the owner of the unit on the date of the recordation of the amendment as long
as the unit�s owner remains the owner of that unit.
����� 7. A provision in the declaration creating
special declarant�s rights that have not expired may not be amended without the
consent of the declarant.
����� 8. If any provision of this chapter or of
the declaration requires the consent of a holder of a security interest in a
unit, or an insurer or guarantor of such interest, as a condition to the
effectiveness of an amendment to the declaration, that consent is deemed
granted if:
����� (a) The holder, insurer or guarantor has not
requested, in writing, notice of any proposed amendment; or
����� (b) Notice of any proposed amendment is required
or has been requested and a written refusal to consent is not received by the
association within 60 days after the association delivers notice of the
proposed amendment to the holder, insurer or guarantor, by certified mail,
return receipt requested, to the address for notice provided by the holder,
insurer or guarantor in a prior written request for notice.
����� 9. An association may amend a declaration
to restrict the leasing of residential units to the extent that the restriction
is reasonably designed to meet underwriting requirements of:
����� (a) Institutional lenders that regularly make
loans secured by first mortgages on units in common-interest communities or
regularly purchase such mortgages; or
����� (b) Insurance companies that issue insurance
policies to associations or units in a common-interest community.
Synced from the Florida Legislature’s official site. Verify the current version before citing.