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HomeMy WebLinkAbout1879 19.3 - Proviso. Provided, however, that no amendment will discriminate agai-' nst any apartment owner or against any apartment or class or group of apartments, unless the apartment owners so affected shall consent; and no amendment will change any apart- ~ ment nor the share in the common elements appurtenant to it, nor increase the owner's share of the common expenses, (except as reserved to the Developer) unless the record owner of the apart- ment concerned and all record owners of mortgaqes on such apart- ment shall join in the execution of the amendment; and no amend- ment will affect or impair the validity or priority of any mortqage cqvering any apartment or the rights of the lessor under the Long Term Lease or the rights of the Manager under the Management Agreement, unless such mortgagee, lessor or Manager shall join in the execution of the amendment. Neither shall any ; amendment make any change in the sections hereof entitled "Insurance", "Reconstruction or Repair after Casualty", or i "Amendments", or in Paragraph 17.5 of the section entitled "Maintenance of Community Interests", unless the record owners of all mortgages upon the condominium shall join in the execu- tion of the amendment. 20. TERMINATION. - This condominium may be voluntarily terminated in the manner provided for in the Condominium Act, at any time, by the approval of all apartment owners of this condominium and the . ; holders of all liens affecting any of its apartments, including ; the lessor under the Long Term Lease. In addition.thereto, if i if is determined in the manner elsewhere provided in this Declaration that the apartments will not be reconstructed because of major damage, the condominium plan of ownership will be terminated without agreement. ~ 21. SEVERABILITY. ~ - i The invalidity in whole or in part of any covenant or restriction, or any section, subsection, sentence, clause, phrase or word, or other provision of this Declaration of Condominium, the Articles of Incorporation and Bylaws of the Association, the Long Term Lease, the Management Agreement and the rules and reguiations of the Association, will not affect the validity of i the remaining portions. ~ ' ~ . i ~ IN WITNESS WHEREOF, the Developer has executed this• ~ ~ Declaration the day and year first above written. . ; ~ Executed in the presence of: ATLANTIC CONDOMINIUMS, INCORPORATED ~ " ~ BY ~ ~ ~ Preside . Attest: ~ ~ / Secretary ' ~ i ~ # h STATE OF FLORIDA - ~ COUNTY OF ST. LUCIE ~ I HEREBY CERTIFY that on this day, before me, an officer ~ duly authorized in the State and County aforesaid to take acknow- ledgments, personally appeared Patrick B. Lally and Suzanne E. Carnell, well known to me to be the President and Secretary respectively of ATLANTIC CONDOMINIUMS, INCORPORATED, a Florida ~ -21- + FEE. PARKER & FEE. P. A. . BG~K pacf 1~~ ( V ~ ~ ATTORNEYS AT LAW ~ POST OFFICE BOX 1000 FORT PIERCE. FLORiDA 33450 ~ - ~ s ~ ~ ~ ~,y~~k T ~ ~,~.r`~" Y.j' x' - 1' ~~_:G,x . .