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HomeMy WebLinkAbout1684Regulations of the Condominium, shall not constitute a waiver of the right to do so thereafter. ARTICLE XX AMENDMENTS TO THE DECLARATION Except for any alteration in the percentage of ownership in the common elements appurtenant to each apartment unit, in which said instance consent of all the unit owners of all apartment units and their respective mortgagees in this Condominium shall be required, this Declaration of Condominium may be amended in the tollowing manner: A. An amendment or amendments to this Declaration of Gondominium may be proposed by the Board of Directors of Association acting upon a vote of the majority of the Directors or by the majority of inembers of the Association whether meeting as members or by instrument in writing signed by thm. Upon any amendment or amendm~nts to this Declaration of Condominium being proposed by said Board of Directors or members, such proposed amendment or amendments shall be transmitted to the President of the Association, or su~~: ~~t;e~ ~~~ice~ a~ the Assec~a*iQ:: ~:: the absence of the President, who shall thereupon call a special meeting of the members of the Association for a date not sooner than twenty (20) days nor later then sixty (60) days from receipt by him of the proposed amendment or amendments, and it shall be the duty of the Secretary to give each member written or printed notice of such special meeting, stating the time and place thereof, and reciting the proposed amendment or amendments in reasonable detailed for, which notice shall be mailed not less than ten (10) days nor more than thirty (30) days before the date ~zt for such special meeting. If mailed, such notice shall be deemed to be properly given when deposited in the United States mail addressed to the member at his post office address as it appears on the records of the Association the postage thereon prepaid. Any member may, by written waiver of notice signed by such member, waive such notice, and such waiver, when filed in the records of the Association, whether before or after the holding of the meeting, shall be deemed equivalent to the giving of such nQtice to such member. At such meeting, the amendment or amendments proposed must be approved by an affirmative vote of not less than two-thirs (2/3) of the members of the Association in order for such amendment or amendments to become effective. Thereupon, such amendment or amendments of this Declaration of Condominium shall be transcribed and certified by the President and Secretary of the Association as having been duly adopted, and the original or an executed copy of such amendment or amendments so certified and ~xecuted with the same formalities as a deed shall be recorded in the Public Records of St. Lucie County, Fla.. Thereafter, a copy of said amendment or amendments in the form of which the same were placed of record by officers of the Association shall be delivered to all of the unit owners of all apartment units, but delivery of a copy thereof shall not be a condition precedent to the effectiveness of such amendment or amendments. At any meeting held to consider such amendment or amendments, the written vote of any member of the Associa~ion shall be recognized if such member is nnot in attendance at such meeting or represented thereat by proxy, provided such written vote is delivered to the Secretary of the Association at or prior to such meeting. Furthermore, no amendment to this Declaration shall be adopted which would operate to affect the validity or priority of any mortgage held by a mortgagee or which may alter, amend or modify, in any manner whatsoever, the right, powers anc] privileges granted and reserved herein in favor of any mortgagees or in favor of the Developer without the consent of all such mortgagees or the Developer, as the case may be. B. The Developer reserves the right to amend the Declaration of Condominium, without the approval of the -25- ~4?X~W PiGE1VC7~