| The declaration constitutes covenants running with the land.
The provisions of the declaration create vested property rights
that cannot easily be changed. Most provisions may be amended by
a 2/3 or 3/4 vote of the owners, but some provisions that create
fundamental property rights such as the percentage interests in
the common elements as assigned to the units cannot be altered
without the approval of all those persons having an interest in
the property.
Because there are sometimes drafting errors in the documents
which require correction, the Condominium
Property Act creates a procedure for the board of managers
to correct the association's governing documents. This is known
as a "scrivener's error" amendment.
In summary, there must be an error or omission in the governing
documents. Two-thirds of the board members, or a majority of
the unit owners may authorize such amendment unless the declaration
or bylaws requires another percentage or different procedure.
Unless the declaration provides otherwise, if the error or
omission has caused the percentage interests to total more
or less than 100 percent, two-thirds of the board members or
a majority of the unit owners may adopt an amended declaration
with the correct percentage interests and voting rights.
In the event two-thirds of the board approves a scrivener's
amendment, the unit owners have the right to petition to call
a meeting of the unit owners to approve or reject the amendment.
A scrivener's amendment cannot be used if it would adversely
impact property rights of the owners unless the affected owners
consent to it. If a scriveners error amendment is unavailable
to the board, it could bring suit against all of the unit owners,
individually or as a class action, to seek an order of court
correcting and amending the declaration. |
