HomeMy WebLinkAbout0099 3. Alteration and Improvement. Except as elsewhere reserved to Developer, neither
a dwelling unit owner nor the Association shall make any alteration in the portions
of a dwelling unit or of an apartment building that are to be maintained by the ~
Associat'ion, or remove any porrion of such. or make any additions to_them, or do
anything that would jeopar_dize the safety or soundness of an apartment building,
or impair any easement. without first obtaining approval in writing of owners of
all dwelling units in which such work is to be done and the approval of the Board
of Directors of the Association . A copy of plans for all such work prepared by an
architect licensed to practice in this state shall be filed with the Associarion grior .
to the start of the work .
B . Common Elements .
~ 1. By the Association . The maintenance and operation of the common elenients shall
~ be the responsiblity of the Association and a common expense .
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~ 2. Alteration and improvement . After the completion of the improvements included in
~ the common elements contemplateu' by this Declararion, there shall be no alteration
nor further improvement of the real property constituring the common elements
~ without prior approval in writing by the owners of not less than 75$ of the common
~ elements, except as provided by the By-Laws. Any such alterarion or improvement
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~ shall not interfere with the rights of any dwelling unit owners without their con-
~ sent. The cost of such work shall not }e assessed against a bank, life insurance
~ company or savings and loan assc::.sation that acquires its title as the result of
~ owning a mortgage upon the dwelling unit owned , unless such owner shall ap-
~ prove the alteration or improvements. and this shall be so whether the title is
= acquired by deed from the mortgagor or through foreclosure proceedings. The
share of any cost not so assessed shall be assessed to the other owners in the
shares that their shares in the common elements bear to each other . In the event
- that such alteration or improvement is exclusively or substanrially exclusively
~ for the benefit of the dwelling unit owner or owners requesting same, then in
r~~ such event the requesring apartment owner or owners shall be assessed therefor
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in such proporrions as they approve jointly, and failing such approval in such
proportions as may be determined by the Board of Directors of the Associarion .
There shall be no change in the shares and rights of an apartrnent owner in the
common elemenis altered or further improved, whether or not the apartment
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owner contributes to the cost of such alteration or improvements .
ARTICLE V III
- ASSESSMENTS
: The making and collection of assessments against dwelling unit owners for common ex-
'-=Y; penses shall be pursuant to the By-Laws and subject to the following provisions:
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