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(1) A first mortgagee at its request is entitled to ~
written notification from the association of owners of the j
condominium of any default by the mortgagor of such unit in the
performance of such mortgagor's oblgations under the condominium
documents which is not cured within sixty (60) days.
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(2) Any "right of first refusal" contained in the
condominium constituent documents shall not impair the rights of a
first mortgage to: - {
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. (a) Foreclose or take title to a condominium
unit pursuant to the remedies provided in the
mortgage, or
(b) accept a deed (or assignment) in lieu of ~
foreclosure in the event of default by a mortgagor,
or
(c) sell or lease a unit acquired by the
mortgagee.
(3) Any first mortgagee who obtains title to a unit
pursuant to the remedies provided in the mortgage, foreclosure of the
mortgage, or deed (or assignment) in lieu of foreclosure, shall not ~
be liable for such unit's unpaid dues or charges which accrue prior
to the acquisition of title to such unit by the mortgagee.
(4) Unless at least 75$ of the first mortgagees
(based upon one vote for each mortgage owned) or owners (other than.
the sponsor, developer or builder) of the individual condominium
units have given their prior written approval, the Condominium
Association shall not~be entitled to:
(a) by act or omission seek to abandon or
terminate the condominium;
(b) change the pro rata interest or obligations
i; of any condominium unit for (i) purposes of levying assessments or
charges or allocating distributions of hazard insurance proceeds or
~ condemnation awards, or (ii) determ--fining the prorata share of
! ownership of each unit in the common elements;
(c) partition or subdivide any condominium
unit;
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(d) by act or omission seek to abandon, parti-
f tion, subdivide, encumber, sell-or transfer the common elements. The ~
granting of easements for public utilities or for other public pur- ~
poses consistent with the intended use of the common elements by the ~
~ condominium project shall not be deemed a transfer within the meaning
of this clause;
(e) use hazard insurance proceeds for losses to
~ any condominium property (whether to units or to common elements) for
other than the repair; replacement or reconstruction of such improve-
ments, except as provided by statute in case of substantial loss to -
the units and/or common elements of the condominium project; provid-
ed, however; if there is now or hereafter provision for addition to
or expansion of the condominium project, then a change in the pro
rata interest or obligations of any individual unit for (1) the
purpose of levying assessments or charges or allocating distributions
of hazard insurance proceeds or condemnation awards, or (2) determin-
ing the pro rata share of ownership of each unit in the common
elements will be permitted provided that the provision pursuant to
~ which the condominium is subject to additions or expansion complies
with the following limitations: -
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