HomeMy WebLinkAbout082623.2 ~Re uired roval. No provision of this
Declaration or of t~ie ex i its hereto which requires in order to
be effective, operational or enacted, a vote of the unit owners
greater than that required in Paraqraph 23 above, shall be changed
by any amendment to this Declaration or to the exhibits hereto
insofar as they pertain to said provision(s) unless in addition to
all other requirements of Paraqraph 23 being met, said
change shall be approved by a vote of the membership not less
than that required by this Declaration or exhibits hereto,
whichever shall be applicable, to effect such provision.
23.3 Ric~hts 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 Mortgag~e owning and holding the
mortgage encumbering the parcel, which consent shall be executed
with the formalities required for deeds and recorded with the
amendment.
23.4 Scrivener's Errors. If it appears that through
scrivener's error all of the cQmmon 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 com~non 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 errar or omission by an amenciment 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 the unit awners
voting at a meeting of unit owners called at least in part for the
purpose, at which a quorum is present. If such an amendment,
considered and ~pproved 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 exper.se, common elements or
common surplus appurtenant or attributable to another unit.
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FEE. KOBLEGAR~ 8~ TEEL. P. A.
ATTORNEYS AT LAW .
POST OFFICE BOX 1000
FORT P~ERCE. FLORIDA 33450
TtLEPMON[=1305/461-3020
BOOKJ~~ PJIGf S~'~
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