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HomeMy WebLinkAbout2215consent to the recordation of this ~eclaration; provided, however,in lieu of ~oining in the execution of this Declaration, any mortgagee may execute an appropriate consent or sub- ordination agreement with the formailities required for deeds. 9. Amendment to Declaration 9.01 This Declaration may be modified or amended by notice of the sub~ect matter of the proposed amend~nt being included in the notice of any meeting at which a proposed amendment is considered. An amendment may be proposed by either the Board of Directors or by seventy-five (75) percent of the members of the Association. A resolution adopting a proposed amendment must bear the approval of not less than two-thirds (2/3) of the entire membership di the Board of Directors and seventy-five (75) percent of the members of the Association, ^vi uj~ I'aCi~ Z~SS t~48I'i Eig~'ti ~vQ~ ~38i ~:ri~t vi ~ti~ VOtES Of tti~ entire membership of the Association. Directors and members not present at the meetings considering the amendment may express their approval, in writing, given~before such meetings. 9.02 In the alternative to the procedure set forth above, an amendment may be made by an agreement signed and acknowledged by all of the record owners of Units in the Condo- minium in the manner required for the execution of a deed. and such amendment shall be effective when recorded in the oublic records of St. Lucie County, Florida. 9.03 A copy of each atnendment shall be attached to a certificate certifying that the amendment was duly adopted~ which certificate shall be executed by the officers of the Association with the same formality as that of a deed. The amendment shall be effect when such certificate and a copy of the amendment are recorded in the public records of St. Lucie County, Florida. 9.04 Provided, however, no amendment shall change the configuration or size of any Condominium Unit in any material fashion. materially alter or modify the appurtenances to such Unit, or change the proportion or percentage by which the owner of the parcel shares the common expenses and owns the common surplus unless the record owner thereof and all record owners of liens thereon shall join in the execution of the amendment. 9.05 ~Io amendment shall be effective which shall impair or prejudice the rights or priorities of any mortgages, or change the provisions of this Declaration raith respect to institutional mortgagees without the written approval of all~institutional mortgagees of record. The rights of the Developer shall not be subject to chan~e without the approval of the Developer. - 9 B~OK J~ PbCE ~~1•,