Can a condominium declaration be cancelled?

Yes, a condominium declaration can be canceled if certain conditions are met. Typically, the cancellation process involves a vote by the unit owners and may require a certain percentage of owners to approve the cancellation. The specific requirements for canceling a condominium declaration vary by jurisdiction and are outlined in the governing documents, such as the declaration and bylaws.

For example, in California, the cancellation of a condominium declaration generally requires a vote of at least two-thirds of all unit owners. Additionally, the cancellation must be approved by a court if there are any outstanding mortgages or liens on the condominium units.

The cancellation process may involve several steps, such as:

1. Filing a petition with the appropriate government agency or court: This petition typically outlines the reasons for seeking the cancellation and the proposed terms of the cancellation.

2. Providing notice to unit owners: All unit owners must be given notice of the petition and the proposed cancellation. This notice must include information about the process and the deadline for submitting objections.

3. Holding a vote: If a sufficient number of unit owners do not object to the cancellation, a vote is held. The specific requirements for the vote, such as the percentage of owners needed to approve the cancellation, are outlined in the governing documents.

4. Court approval (if required): In some cases, court approval may be necessary before the cancellation can become effective. This is especially true if there are any outstanding mortgages or liens on the condominium units.

5. Recording the cancellation: Once the cancellation is approved, it must be recorded with the appropriate government agency to make it legally effective.

It's important to note that the cancellation of a condominium declaration may have legal, financial, and tax implications for the unit owners and the condominium association. Therefore, it's crucial to consult with legal and financial professionals before initiating the cancellation process.