HomeMy WebLinkAbout0384 diseretion os granted here:under or as granted.under the Articles of Incorporotion of the Ass4citation
x its 8y-Luws, shall be requi~eJ to act reasonably,
Section 5. Amendment.
~p~ This DeclQration of Covenants and Restrictions may be amended
upon approvol of fhe Amendment by Members enfitlFd to cast three-quarters (3/~1) of the
votes af eacli Class of Membership, which app~oval sholl be obtained at a meeting of Members
called at least in part ~or the purpose of considcring such Amendr~~ent, on not less than ninety (90~
days wi~tten notice, or o5tair.ed ~y written consent of Members entitled to cost three-quarfiers (3/4)
of the votes of each Class of Mer:~Et:ship.entitled to vote, which approval may be obtained before,
during, but not later ti~n sixty ~b0) days after the aforementioned meeting is held. If an Amendment
be approved in either of the monners s~t forth, it shc~ll be set forth wit!~ ~articulority in an instrument
entitled to be recorded among the Public Records, executed by not less than two (2) officers of the
Association, ond shal) contain within its text, or as attachment thereto, an offidavit ~f such officers
that thc reguired ~lotice hc~dbeen given to the Members, the manner in ~vhich approval vias obtained,
and that the required approval was, in fact, obtained. An Amendment to this Declaration of
Covenants and Restrictions shall be effective upon the reccroing of s~ch an Amendment among the
Pu~lic P,ecords suasequent to its approva! as aforesaid, unless fihe Amendment by its own terms shall
esto!~lis~ ano~her ~ffective date, the provisions of Section 1 ot this Article to ths contrary notwith-
s; and i i~g .
' (6) No Amendmen~ or c;~an3e s4zall, however, whether ado~~ed under
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~ this Section S or under Secticn 1 above, cause or require any change in any improvement upon
improved Lots er of Dwellinc~ Unifis, or prevent er prohibit the repair, replacement, re~ovation
i upd~ting or refurbishing of any exisFing improvement, or cause any established and lawful use of
ihe Properties or any of them to be pro4~ibited, ~ in general to be more restrictive of the use of
existing Dwelling Units, without the written cansent of tf~~ (hvners of such Lots ond Dwelling Units
so af ~ ec~ ~ r. Furthermore, f10 SJC~i :amenrme~~'r s!~all be derogation of or more res~ri c~ ive ~ han ~ he
thzn existing zoning laws, rules or ordinances. This Section 5(b) sliall not be amended within
nineteen (14) years of the recording of this Decloration without unanimous consent of all Owners
~Y
~ wiii~in T~,e Properties.
~ Sectio:~ 6. Se•ierobility. (nvaiidr~tion of any one of these covenants or
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res~rictions by judgment or court order shall in no wise affect any other provisions hereof, w~ich
sl,al) remain in ful) force and effect.
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