1. (a) The governing documents must contain a provision allowing the owners to amend the governing documents at any time, from time to time, subject to the following:

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

      1. (A) the declarant owns one (1) or more units within the subdivision; and
      2. (B) not more than seven (7) years have passed since the original governing documents were first recorded.

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

      1. (A) The vote of the owners at a meeting duly called for the purpose of considering the amendment, including a special meeting called upon the demand of members of the homeowners association under section 2 of this chapter.

      2. (B) A written instrument signed by the owners.

         The governing documents may not require that the consent of more than two-thirds (2/3) of the owners be required for consent under this subdivision.

   3. (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 two-thirds (2/3) of first mortgage holders eligible to receive notice be required for consent under this subdivision.
2. (b) A homeowners association or the board may not enforce a provision of the governing documents that conflicts with this section.

As added by P.L.141-2015, SEC.11. Amended by P.L.164-2016, SEC.6; P.L.155-2026, SEC.5.