SB 348

Currently, in this state, there are numerous condominium projects known as

marina condominiums or dockominiums. An owner of a condominium unit in one of

these projects does not own a residential unit but owns a unit of space such as a lock

box. Ownership of the unit then conveys the right to use a pier, wharf, or boat slip

located in the project. Under the laws regulating all types of condominiums, a

condominium is legally established by the recording of a written document, called a

declaration, with the register of deeds.

Under current law, no person may legally establish a marina condominium on

or after June 1, 2007. A declaration for a marina condominium established before

that date (existing declaration) remains effective regardless of any "subsequent

activity" that may affect the validity of the existing declaration. Under current law,

"subsequent activity" may be any determination by court or administrative order

that the existing declaration is voidable or otherwise invalid or may be any

amendment to the existing declaration by court or administrative order or any

amendment to the existing declaration that is made by agreement of the owners of

the marina condominium units. Under current law, the agreement by the owners

must be unanimous.

Under current law that covers other types of condominiums, a declaration may

be amended with the written consent of unit owners who hold at least two-thirds of

the votes assigned to units under the declaration. This bill eliminates the unanimity

requirement described above resulting in the application of the general voting

requirements for amending condominium declarations to existing declarations.