in the declaration [specifies]; or
(iii) a smaller number of the votes as specified in
the declaration if all of the units are restricted
exclusively to nonresidential use.
* * *
§ 4216. Amendment of declaration.
(a) Number of votes required.--Except in cases of amendments
that may be executed by a declarant under section 4209 (relating
to exercise of development rights), the association under
section 4107 (relating to eminent domain), 4206(c) (relating to
leasehold cooperatives), 4208(c) (relating to limited common
elements), 4211(a) (relating to relocation of boundaries between
adjoining units) or 4212 (relating to subdivision of units), the
executive board of the association under subsection (f) or
certain proprietary lessees under section 4208(b), 4211(a),
4212(b) or 4217(b) (relating to termination of cooperative
ownership), and except as limited by subsection (d) and section
4218 (relating to rights of secured lenders and secured
creditors), the declaration may be amended only by vote or
agreement of proprietary lessees of cooperative interests to
which at least [67% of the votes in the association are
allocated or]:
(1) sixty-seven percent of the votes collected are in
favor;
(2) any larger majority of the votes as specified in the
declaration [specifies. The declaration may specify]; or
(3) a smaller number of votes only if all of the units
are restricted exclusively to nonresidential use.
* * *
§ 5219. Amendment of declaration.
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