House Bill 358, now pending in the Maryland General Assembly, would allow alterations in the percentage interests assigned to each unit in the common elements by a vote of less than 100% of the unit owners. Under current law, amendments to a condominium declaration generally require the approval of 80% of the unit owners. However, there are four specific changes that cannot be made without the consent of all unit owners and mortgagees: (1) the boundaries of any unit: (2) the undivided percentage interest in the common elements of any unit; (3) the liability for common expenses or rights to common profits of any unit; or (4) the number of votes in the council of unit owners of any unit. The proposed bill would remove the undivided percentage interest of any unit in the common element from this restriction. Instead, a change in percentage interests could be undertaken by a vote of 60% of the unit owners, and without any mortgagee consents.
Currently, the only amendment permitted with only 60% approval is one that adds or repeals .provisions for the suspension of the use of parking or recreational facility common elements by a unit owner that is more than 60 days in arrears in assessment payments.
