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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. ~I ~~.L.t ~ ~ . - 2U- ~ _ - _ . . - - - - r~- _ . . _ - - - . . ~Y ~