Section 33. (a) The owners may amend the project instrument or any unrecorded document governing the project, or approve or disapprove any proposed expenditure, in the manner provided by this section in addition to any manner permitted by law or by the instrument or document.
(b) Any owner may deliver to the managing entity a petition containing the language of any proposed amendment or proposal for the approval or disapproval of any proposed expenditure and signed by owners of at least one time-share or other estate or interest in each of a number of units to which at least ten per cent of the votes are allocated, or any smaller percentage specified by the document to be amended. The owner delivering said petition may attach to it a letter of not more than two pages to be mailed with the ballots. Within ten days after receiving said petition, the managing entity shall mail to each owner a ballot setting forth the language of the petition and affording an opportunity to indicate a preference between approval and disapproval of said proposed amendment or proposal, together with a copy of any letter of not more than two pages attached by the owner who delivered said petition. The ballot may also be accompanied by a letter of not more than two pages from the managing entity recommending approval or disapproval of said proposed amendment or proposal.
(c) On the date specified pursuant to clause (2) of subsection (c) of section thirty-two, the managing entity shall examine the ballots that have been returned and calculate the vote accordingly. A signature on the petition shall be treated for the purpose of subsection (f) of section thirty-two as a ballot from the signer indicating approval of the proposed amendment or proposal. A simple majority of the votes counted shall be sufficient for the adoption of the proposed amendment or proposal unless the law or the document to be amended specifies a larger majority or, in the case of a proposed expenditure, the project instruments specify a larger majority not exceeding sixty-six and two-thirds per cent. No document may specify more than a simple majority for any proposed amendment or proposal the managing entity could have effected unilaterally. No proposed amendment or proposal may be adopted by an initiative unless the ballots favoring the proposed amendment or proposal represent at least twenty-five per cent of the votes allocated to all owners.
(d) A proposed amendment or proposal adopted pursuant to this section may not be repealed or modified within two years except by another initiative pursuant to this section. After said two year period, the managing entity may not repeal or modify the result without the approval of the owners in a referendum. If the project instrument permits the managing entity to initiate a referendum for said purpose, no referendum may be initiated for said purpose more often than once every two years.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title I - Title to Real Property
Chapter 183b - Real Estate Time-Shares
Section 4 - Agreements Varying Chapter Prohibited; Waiver of Rights
Section 5 - Unconscionable Contracts
Section 6 - Good Faith Obligation
Section 7 - Remedies; Liberal Administration; Damages; Judicial Enforcement
Section 8 - Laws Supplementary to Chapter
Section 9 - Conflicts With Other Laws
Section 10 - Implied Repeals by Subsequent Legislation
Section 11 - Project Instruments; Creation of Time-Shares; Amendments
Section 13 - Instruments; Allocation of Votes and Expense Liabilities; Alteration
Section 14 - Partition of Units
Section 15 - Termination Agreements
Section 16 - Sales or Management Offices; Models; Signs
Section 17 - Instruments; Approval of Actions of Owners, Developer, or Managing Entity
Section 18 - Deeds; Notice of Lease or License; Recording; Contents
Section 20 - Powers of Association
Section 21 - Powers and Duties of Developer
Section 22 - Special Developer Right
Section 24 - Duties of Managing Entity; Access to Units; Alteration of Unit by Owner
Section 28 - Expenses; Assessments; Late Charges; Interest; Reserve Funds
Section 29 - Liens for Assessments Levied or Fines Imposed
Section 29b - Forfeiture of Rights of Time-Share Owner for Non-Payment of Assessments; Proceedings
Section 30 - Financial Records
Section 31 - Third Persons Dealing With Trustee
Section 34 - Referendum to Amend Project Instrument or Other Matters
Section 35 - Discharge of Manager
Section 38 - Public Offering Statements; Furnishing to Purchaser; Contents
Section 39 - Public Offering Statements; Conversion Buildings; Contents
Section 39a - Conformity of Units to Regulations
Section 40 - Public Offering Statements; Time-Share Registered With Securities Exchange Commission
Section 42a - Resale Service Providers; Disclosure Obligations
Section 43 - Deposits Placed in Escrow; Holding Instrument of Payment
Section 44 - Release of Liens; Surety Bond; Service of Process for Foreclosure of Lien
Section 45 - Express Warranties
Section 47 - Implied Warranties of Quality; Exclusions or Modifications
Section 48 - Limitation of Actions for Breach of Warranties
Section 49 - Failure to Comply With Chapter
Section 50 - Improvements Not Required to Be Built
Section 51 - Completion of Promised Improvements; Responsibility for Recording Deed or Notice
Section 52 - Advertisements Including Prize Offer
Section 53 - Exchange Programs; Information; Promotional Literature; Liability
Section 54 - Multi-Location Developers; Information for Purchasers; Violations