HomeMy WebLinkAbout0024 1;. Amendments. Ex~ept as elsewhere provided otherwise, this ~
Declaration oi ~on aninium an~ thp Chart~r and Bv-Laws of COLONNADES
CONDOMINIUM,S ASSOCIATIO~~ N0. ~NC., may be amended in the fo~lowi~g
manner:
17.1 Notic~. Notice of the subject matter of a proposed
amendment s~ be included in~the notice of any meeting at
which a proposed a~endment zs to be considered.
17.2 A Resolution for the adoptio~ of a_pr.oposed amendment
may be proFose y t e Board of Uirectors of the Association cr
by the members of the Association. M~mbers may propose such an
amendment by instrument in writir~g directed to the President or
Secretary of the Board signe3 by not less than ten {10~) percent
of the membership. Amendments may be proposed by the Board of
, Directors by actien of a majori~y of the Aoard at any regularly
constituted meeting thereof. Upon an amendment being proposed
as herei~ provided the President, or, in the event of his
refusal or failure to act, the Board of Directors, shall call
a meeting of the membership to be held not sooner than fifteen
(15) days nor later than sixty (60) days thereafter for the
purpose ot considering said amendment. Directors and members
not present in person or by ~roxy at the meeting considering
the amendment may express th~ir ap~roval in writing, provided
such approval is deZivered to the Secretary at or prior to the
meeting. Except as elsewhere provided, such approvals must
be either by:
- (a) Not ?ess ~han two-thirds~2/3) of ~he entire
membership of the Board of Directors and not less than
fifty-one (51%; percent of the Association; or
(b) Not less than two-thirds (2/3j of the votes of
the entire membership of the Association; or
(c) In the alternative, an amendmer_t may be ~nade
by an agreement signed and acknawledgEd b_y all condominium
unit owners in the manner required for the execu~ion of a
deed„
( d) Untii t3~~~ ~ ~rst ele~ ti~n of dir~ctors 1 an:~ so
Iong a~ t'~e initial directors designated ir t, ~!'erti~ivale
oF Incorporation shall remain in office, propesal of at~
amendment and approval thereof shal~ require anl}• the
affirmative action of al_l of the said original directors,
and no meeting of the ;ondominium unit owners nor any
approval thereof need be .had, provided the amend~ner,t
_ does not increase the r.umber of condominium units nor
alter the boundaries of the common elements beyand the
extent provided for under the provisions of Section 3
hereof .
17.3 Froviso. Provided, however, that no amendment shall
; f~ T1 T1 ~M± 4~.r ~~^~i~mi nw,,~r, ,~r? ± nwnc~r rZnr at~ai nSt arlv
~1JViil~liala~ y7M r l
condominium unit or class or group of Cbndominium units, unless
the condominium unit owners so affected shall consent, and,
excepting as herein express?y provided for by sub-paragraph I7.5
and related clauses, no amendment shall change any condominium
unit nor the share in the common elements appurt~nant to it,
nor ii~crease the owner' s share of the corr~-non expenses, unless
the record owner of the Con~ominium unit concerned and ali
record c~wners of mortgages en sLCS condom~n~um unit shail jcin
in the execution of the amendment. Neither shall an amendment
make any change in the section entitled "Insurance" nor in thn
sec~ior. entitled "Reconstruetion or Repair after casualty"
unless the record own~rs of all mortgages upon the Co~dominium
shall join in the execution of such amendment, n~r shal? any
amendmen-~ make any change which ~r~ould affect the riahts of the
Uevelc~per or of the Lessor under the Ninety-Nine Year Lease
unless the Bev2.toper or Lessor, whichever shall be affected by
such amendment, sha11 ~oin in th~ execution thereof.
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