Indiana § 32-25-7-7 - Amending declaration; consents required

§ 32-25-7-7. Amending declaration; consents required

Sec. 7. The declaration must contain a provision allowing the co-owners to amend the declaration at any time, from time to time, subject to the following:

(1) The declarant's consent to an amendment may be required if:

(A) the declarant owns one (1) or more units within the condominium; and

(B) not more than seven (7) years have passed since the original declaration was first recorded.

(2) The consent of the co-owners to the amendment has been obtained as evidenced by either of the following:

(A) The vote of the co-owners at a meeting called for the purpose of considering the amendment.

(B) A written instrument signed by the co-owners.

The declaration may not require that the consent of more than seventy-five percent (75%) of the co-owners is required for consent under this subdivision.

(3) If the consent of first mortgage holders is required, only first mortgage holders that provide an address to the secretary of the board must be notified. The consent of a first mortgage holder must be indicated in a written instrument signed by the mortgage holder. However, a mortgage holder is considered to have consented to a proposed amendment if the mortgage holder does not respond to a written request for consent within thirty (30) days after the mortgage holder receives the request. The governing documents may not require that the consent of more than seventy-five percent (75%) of first mortgage holders eligible to receive notice is required for consent under this subdivision.

(4) Notwithstanding subdivisions (1) through (3), the declaration may require the approval of at least ninety-five percent (95%) of the co-owners to convey common areas or to dissolve the condominium.

As added by P.L.141-2015, SEC.2. Amended by P.L.164-2016, SEC.1.

IC 32-25-8Chapter 8. Administration of Condominiums

32-25-8-1Bylaws; administration of property 32-25-8-2Bylaws; contents 32-25-8-2.5Board of directors meetings; co-owners entitled to attend; permissible private meetings; availability of meeting minutes 32-25-8-3Recording instruments; indexes 32-25-8-4Sales and management offices; model units 32-25-8-5Alteration or structural changes; impairing easements or hereditaments 32-25-8-6Common profits and expenses 32-25-8-6.5Condominium association distributing water or sewer service; not considered public utility 32-25-8-7Taxes, assessments, and charges 32-25-8-8Records 32-25-8-9Insurance; co-owners 32-25-8-10Insurance; reconstruction of building 32-25-8-11Insurance; reconstruction of building; insufficient proceeds 32-25-8-12Determination not to rebuild after casualty or disaster 32-25-8-13Expandable condominiums; addition of real estate 32-25-8-14Contractable condominiums; withdrawal of land 32-25-8-15Reservation of option not to expand; disclosure 32-25-8-16Removal of property