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Association to comply with the terms of this Declaration, the
Articles of Incorporation and By-Laws of tha Association, and the
rules and regulations adopted pursuant to those documents, as they
may be amended from time to time, the prevailing party will be -
entitled'to recover the costs of the proceeding-and such reasonable
attorneys' fees as may be awarded by the court.
15.3. No waiver of Rights. The failure of the Association
or of any apartment owner to enforce any covenant, restriction or
-other provision of the Condominium Act, this Declaration, the_- -
Articles of incorporation-and By-Laws of the Association, and the _
rules-and regulations adopted pursuant to-those documents will not-
constitute a waiver of the right to do so thereafter.
- 16.~ AMENDMENTS. ~ -
- Except as elsewhere provided-otherwise, this Declaration
may be only amended in the following masher:
-16.1. Notice. Notice of the subject matter of a proposed -
amendment will be~c~uded in the notice of any meeting at which a
proposed amendment is considered.
. 16.2. Adoption. A resolution-for the ~~ioption of a
proposed -Amendment may be proposed by either` the ..°.~ard of Directors
of the Association or by the members of the Association. Directors
and members not present in person or by proxy at the meeting-
considering the amendment may express their approval in writing, -
provided such approval ~is delivered to the Secretary at or prior to
the meeting. Except as elsewhere provided, such approvals-must be _
either- by: - _
(a) _Not less than 758 of the entire membership of the
Board of Directors and by not less than 758 of the votes of the
entire membership of the Association; or
(b) Not less than~804 of the votes of the entire
~ membership of the Association; or -
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(c) Until the first election of directors, only by
-all of the -directors; provided the amendment-does not increase the -
number of apartments nor alter the boundaries of the common elements.
16.3. Proviso.- Provided, however, that no -amendment will
discriminate against any apartment owner nor against any apartment or
class or group of apartments, unless the apartment owners so affected
shall consent; and no amendment-will change any apartment nor the
share in the common elements appurtenant to it, nor increase the
owner's share of the common expenses, unless the record owner of the
apartment concerned and ali record owners of mortgages on such
apartment shall join fn-the execution of the amendment; and no _
amendment will affect or impair the validity or priority of any -
mortgage covering any_apArtment, unless-said mortgagee 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 "Amendments', or in Paragraph 14.5. of
the section entitled 'Maintenance of'Community Interests", unless the
record owners of all ,mortgages upon the condominium shall join in the
execution of the amendment. .
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- 17. FHLMC REQUIREMENTS.
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i A. Notwithstanding any other provision in -this-Declaration
of ~'endominium, the Condominium Association By-Laws or any other
~ documents, the following provisions shall apply and may not be
amended or deleted without the-prior written consent of the holder of
each first mortgage of a condomfniua~ unit of records
(1) A first mortgagee at its request is entitled to
written notification-from the association of owners of the condomin=
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