HomeMy WebLinkAbout1422 XXIV. PROVISIONS FOR ALTERATIONS
OF APARTMENTS 8Y DEVELOPER
A . Developer reserves the right to alter the interior design and ar-
rangement of all Apartments and to alter the boundaries between Apartments
as long as Developer ovens the Apartments so altered (which alterations made
by Developer to Apartments it owns are hereinafter referred to as the "Altera-
tions") .
B . Any Alteration which will increase the number of Apartments or will
alter the boundaries of the Common Elements (other than interior walls abut-
ting Apartments owned by Developer) will first require an amendment of this
Declaration in the manner provided in Article XXV hereof . This amendment
shall adjust the share of Common Elements, Common Expenses and Common
Surplus and the voting rights attributable to the Apartments being affected
by the Alterations.
C . In the event that the Alterations do not require an amendment in
accordance with the provisions of Paragraph B above, then an amendment of
this Declaration shall be~ filed by Developer in accordance with the .provisions
of this Paragraph C . Such amendment ("Developer's Amendment") need be
signed and acknowledged only by the Developer and shall not require approval
of the Association through the Board , other Apartment Owners or lienors or
mortgagees of the Apartments, whether or not such approvals are elsewhere
required for an amendment of this Declaration.
XXV . AMENDMENTS OF THE DECLARATION
A. Except as to matters described in Paragraphs B, C, D, E and F of
this Article XXV, and Developer's Amendment, as that term is defined in
Article XXIV hereof , this Declaration may be amended by the affirmative vote
of not less than two-thirds (2I3) of the Apartment Owners at any regular or
special meeting of the Apartment Owners called and held in accordance with
the By-Laws; provided, however, that any such amendment shall also be
approved or ratified by a majority of the Board. Such amendment shall be
evidenced by a certificate executed by the Association in recordable form in
accordance with the Act, and a true copy of such amendment shall be mailed
via certified mail by the Association to the Developer and to all Approved
Mortgagees . The amendment shall become effective upon .the recording of
E such certificate amongst the Public Records of St. Lucie County, Florida;
~ provided, however, such certificate shall not be so recorded until thirty (30)
! days after the mailing of a copy thereof to the Developer and all Approved
i Mortgagees , unless such thirty (30) day period is waived in writing by De-
veloper and all Approved Mortgagees .
B . No amendment of the Declaration shall change the configuration or
size of any Apartment in any material fashion, materially alter or modify the
appurtenances to such Apartment, change the proportion or percentage by
which any Apartment Owner shares the Common Expenses or owns the Common
Surplus or Common Elements, nor change any Apartments voting rights in
1 the Association, unless all of the record owners of such Apartments and all of
the Approved Mortgagees of record holding mortgages on such Apartments
~ shall consent in writing thereto. The provisions of Section 718.110(5) of the
Act are specifically incorporated herein. The provisions of Article XIX hereof
are covenants for the benefit of institutional Approved bortgagees and may
not be amended without their prior written consent. Any such amendment as
hereinabove set forth in this Paragraph B shall be voted on at a special
meeting of the affected Apartment Owners and their consent thereto shall be
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RUDEN, BA RN ETT, MCC LOSKY 6 SCM LISTER. ATTORNEYS AT LAW, 25 SOUTH ANDREWS AVENUE. FORT LAUDERDALE, FLORIDA
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