HomeMy WebLinkAbout0510 24.3 Rights of Institutional Mortgagees. No
amendment: or change to t t.s Dec aration or to t e ex ibits 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 t:he 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 all 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 tot-.al of the
shares of common elements which have been distributed or t:he 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 ghat 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 the whole
number of directors, or by a majority vote of t:he 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 t-_he units and the owners of liens
upon t:he unir_s for which changes in the shares of common elements
or common expenses or common surplus are being made, must: consent:
in writing r_o such amendment in order for such amendment to be
effective. For the purpose of this subparagraph, no unit. owner's
~ propert=y 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 f9r reason of t:he
modification of the shares of common expense, common elements or
common surplus appurtenant or .attributable r_o anot:her unit.
~ 24.5 Non-Material Errors and Omissions.
Notwithstanding anyr_h~ng to the cons:rary 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 exisr_
until one year from the date of t:he recording of this Declaration
in the Public Records of St. Lucie County, Florida. Such
amendment need not be approved by the Association unit: owners,
lienors or Institut-_ional Mortgagees of units of the Condominium
whether or not elsewhere required for amendments.
~ 24.6 Discrimination. No amendment shall discriminate
agains+: any unit owner or against any unit or class or group of
+ units, unless the owner so affected shall consent.
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