68 Pa.C.S. § 3219
Amendment of declaration
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Statutory text
(a) Number of votes required.--
The declaration, including the plats and plans, may be amended only by vote or agreement
of unit owners of units to which at least:
(i) sixty-seven percent of the votes in the association are allocated;
(ii) any larger majority the declaration specifies; or
(iii) a smaller number as specified in the declaration if all of the units are restricted
exclusively to nonresidential use.
Paragraph
is limited by subsection (d) and section 3221 (relating to rights of
secured lenders).
Paragraph
shall not apply to any of the following:
(i) Amendments executed by a declarant under:
(A) section 3210(e) and (f) (relating to plats and plans);
(B) section 3211(a) (relating to conversion and expansion of flexible condominiums); or
(C) section 3212(a) (relating to withdrawal of withdrawable real estate).
(ii) Amendments executed by the association under:
(A) subsection (f);
(B) section 3107 (relating to eminent domain);
(C) section 3207(d) (relating to leasehold condominiums);
(D) section 3209(c) (relating to limited common elements); or
(E) 3215(a) (relating to subdivision or conversion of units).
(iii) Amendments executed by certain unit owners under:
(A) section 3209(b);
(B) section 3214(a) (relating to relocation of boundaries between adjoining units);
(C) section 3215(b); or
(D) section 3220(b) (relating to termination of condominium).
(iv) Amendments executed by a declarant which conform the maximum time limit for exercising
declarant options to the time limit authorized by sections 3205
and
(relating
to contents of declaration; all condominiums) and 3206
(relating to contents of
declaration; flexible condominiums).
(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.-- The following shall apply:
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.
Except for counties which do not maintain a uniform parcel identifier number system
of indexing, all counties shall assign a master parcel number to each condominium,
and every amendment to the declaration shall be indexed against the master parcel.
If required by the county, an amendment may be indexed against a parcel assigned to
each unit within the condominium, but no fees shall be charged to each unit unless
the indexing against each parcel is requested by the declarant or association.
The provisions of this subsection shall control over any conflicting provisions in
any other statute, regulation or ordinance.
(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.
As used in this subsection, the term "uses to which any unit is restricted" shall
not include leasing of units.
(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 legal counsel who is independent from the declarant
to the effect that the proposed amendment is permitted by the terms of this subsection.
Synced from the Florida Legislature’s official site. Verify the current version before citing.
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Reference only — not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (July 4, 2026).