HomeMy WebLinkAbout0979 24.3 Rights of Institutional Mortgagees. No
amendment or change to this Declaration or to the exhibits hereto
shall be effective to affect or impair the validity or priority of
a first mortgage held by an Institutional Mortgagee encumbering a
Condominium parcel, or to affect or impair the rights granted
herein to Institutional Mortgagees, without the written consent
thereto by the Institutional Mortgagee owning and holding the
mortgage encumbering the parcel, which consent shall be executed
with the formalities required for deeds and recorded with the
amendment.
24.4 Scrivener's Errors. If it appears that through
scrivener's error a 1 of the common expenses or interests in the
common surplus or all of the common elements have not been
distributed in this Declaration such that the sum total of the
shares of common elements which have been distributed or the sum
total of the shares of the common expenses or ownership of
common surplus fails to equal 100$; or, if it appears that through
such error more than 100$ of the common elements common expenses,
or ownership of the common surplus has been distributed; or if it
appears that through scrivener's error a unit has not been
designated an appropriate undivided share of the common elements,
common expenses, or common surplus; or if it appears that there is
an omission or error in this Declaration or in any other
documents required by law to establish this Condominium, the
Association may correct the error or omission by an amendment to
this Declaration or other documents by resolution of the Board of
Directors of the Association approved by a majority of tt~e whole
number of directors, or by a majority vote of the unit owners
voting at a meeting of unit owners called at least in part for the
purpose, at which aquorum is present. If such an amendment,
considered and approved pursuant to this subparagraph, materially
adversely affects property rights of unit owners, the unit owners _
whose property rights are so materially adversely affected must
consent to the amendment in writing in order for the amendment to
become effective. If the amendment, considered and approved
pursuant to this subparagraph, modifies the shares of common
expenses, common elements or common surplus appurtenant to one or
more units, then the owners of the units and the owners of liens
upon the units for which changes in the shares of common elements
or common expenses or common surplus are being made, must consent
in writing to such amendment in order for such amendment to be
effective. For the purpose of this subparagraph, no unit owner's
property rights shall be deemed to be materially adversely
affected nor shall his share of the common elements, common
expense or common surplus be deemed modified for reason of the
modification of the shares of common expense, common elements or
common surplus appurtenant ur attributable to another unit,
24.5 Non-Material Errors and Omissions.
Notwithstanding anything to the contrary contained in this
Declaration, Developer expressly reserves the right to amend this
Declaration so as to correct any errors or omissions not
materially adversely affecting the rights of the unit owners,
lienors or Institutional Mortgagees, and such right shall exist
until one year from the date of the recording of this Declaration
in the Public Records of Palm Beach, County, Florida. Such
amendment need not be approved by the Association unit owners,
lienors or Institutional Mortgagees of units of the Condominium
whether or not elsewhere required for amendments.
24.6 Discrmination. No amendment shall discriminate
against any unit owner or against any ,unit ar class or group of
units, unless the owner so affected shall consent.
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