76-854. Amendment to declaration; procedure.

375 words·~2 min read·/ne/chapter-76/76-854

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except in cases of amendments that may be executed by

(1)a declarant under subsection

(f)of section 76-846 or under section 76-847 ,

(2)the association under section 76-831 or 76-850 , subsection

(d)of section 76-843 , subsection

(c)of section 76-845 , or subsection

(a)of section 76-849 , or

(3)certain unit owners under subsection

(b)of section 76-845 , subsection

(a)of section 76-849 , subsection

(b)of section 76-850 , or subsection

(b)of section 76-855 , and except as limited by subsection

(d)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 of the votes in the association are allocated or any larger majority the declaration specifies up to eighty percent of the votes in the association exclusive of the declarant. The declaration may specify a smaller number 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 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.

(d)Except to the extent expressly permitted or required by other provisions of the Nebraska Condominium Act, no amendment may create or increase special declarant rights, increase the number of units, or change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted in the absence of the unanimous consent of the unit owners. In addition, no amendment may change the boundaries of any unit, increase the allocated interests of any unit, or change the uses to which any unit is restricted, without the consent of the owner of the unit.

(e)Amendments to the declaration required by the act 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.