Loading...
HomeMy WebLinkAbout1257 i ARTICLE VIII . METHOD OF AMENDMENT OF DECLARATION A. This Declaration may be amended at any regular or special meeting of the Unit Owners of this Condominium called and convened ~ in accordance with the By-Laws, by the .affirmative vote of voting s members casting not less than three-fourths (3/4) of the total # vote of the members of the Association. B. This Declaration may likewise be amended by the Developer with reference to the matters set forth in Articles I and V hereof and in conformance to said Article I B(4). ~C. -All amendments shall be recorded and certified as required E by the Condominium Act. Except as provided in Articles I and V hereof, (i) no Amendment shall change the configuration or size ~ of any Condominium Unit in any material fashion, materially alter ~ or modify the appurtenances to any Unit, a Condominium Unit's proportionate share of the Common Expenses or Common Surplus, nor , the voting rights appurtenant to any Unit, unless the record ~ owner(s) thereof, and all record owners of mortgages, or other liens thereon shall join in the execution of the Amendment; (ii) no Amendment shall impair or prejudice the rights and priorities of any mortgages or the holders thereof; and (iii) no Amendment shall change the provisions of this Declaration or the Articles of Incorporation,.By-Laws and Rules and Regulations of the Associa- tion, or the Articles of Incorporation and By-Laws of the Property Owners' Association provided for in Article XVIII hereof, with _ respect to Institutional Mortgagees of record without the written approval of all Institutional Mortgagees. of record. F t D. No Amendment shall change the rights and privileges~of the Developer without the Developer's written approval; however, t the requirement for the Developer's written approval as herein ' provided shall terminate as of the third Wednesday in February, 198b, or until Unit Owners other than the Developer have elected a majority of the Board of Directors of the Association, or sooner at the option of the Developer. E. Notwithstanding the foregoing three paragraphs, the ~ Developer reserves the rights to change the interior design and arrangement of all Units and to-alter the boundaries between Units, as long as the Developer owns the Units so altered;- except ~ as provided in Articles .I and V, however, no such change shall- ~ increase the number of Units nor alter the boundaries of the Common Elements, except the party walls between the Condominium _ Units, without Amendment of this Declaration in the manner herein- before set forth. Except as provided in Article I, if the Developer shall make any changes in Units as provided in this paragraph, such changes shall be reflected by an Amendment of this Declaration with a survey attached, reflecting such authorized alteration of Units, and said Amendment need only be executed or acknowledged by the Developer and any holders of Institutional mortgages encumbering the said altered Units. The survey shall be certified _ ~ in the manner required by the Condominium Act.."If more than.one Unit is concerned, the Developer shall apportion between the Units the shares of the.Common Elements appurtenant to the Units concerned, together with apportioning the Common Expenses and Common Surplus of the Units concerned, and such shares of Common . Elements, Common Expenses and Common Surplus shall be duly noted in the Amendment of the Declaration. It is understood and agreed that as of the date hereof all-of the buildings and Units contained in Phase (A) of this Condominium and some of the improvements of this Condominium which are part of the Common Elements may not be J " <1 gC;,~~ -7- .s t!p