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Association to comply with the terms of this Declaration, the
Articles of Incorporation and By-Laws of the Association, and the
rules and regulations adopted pursuant to those documents, as they
may be amended from time to time, the prevailing party will be
entitled to recover the cos.ts of the Proceeding and such reasonable
attorneys' fees as may be awarded by the Court.
15.3. No Waiver of Rights. The failure of the Association
or of any apartment owner to enforce any covenant, restriction or
other provision of the Condominium Act, this Declaration, the
Articles of Incorporation and ey-Laws of the Association, and the
rules and regulations adopted pursuant to those documents will not
constitute a waiver of the right to do so thereafter. ~
16. AMENDMENTS.
Except as elsewhere provided otherwise, this Declaration
may be only amended in the following manner:
16.1. Notice. Notice of the subject matter of a proposed
amendment will be in luded in the notice of any meeting at which a
proposed amendment is considered.
16.2. Adoption. A resolution for the adoption of ~
proposed Amendment may be proposed by either the Board of Directors
of the Association or by the members of the Association. Directors
and members not present in person or by proxy at the meeting
considering the amendment may express their approval in writing,
provided such approval is delivered to the Secretary at or prior to
the meeting. Except as elsewhere provided,_such approvals must be
either by: • ~
(a) Not less than ?5$ of the entire membership of- the
Board of Directors and by not less than 75$ of the votes of the
entire membership of the Association; or
(b) Not less than 80$ of the votes of the entire
membership of the Association; or
(c) Until the first election of directors, only by
all of the directors; provided_the amendment does not increase the
number of apartments nor alter the bonndaries of the common elements.
16..3. Proviso. Provided, however, that no amendment will
discriminate against any apartment owner nor against any apartment or
class or group of apartments, unless the apartment owners so affected
shall consent; and no amendment will change any apartment nor the
share•in the common elements appurtenant to it, nor increase the
owner's share of the common expenses, u~less the record owner of the
apartment concerned and all record owners of mortgages on such
apartment shall join in the execution of the amendment; and no
amendment ~ill afFect or impair the validity or priority of any
mortgage covering any apartment, unless said mortgagee shall join in
the execution of the amendment. Neither shall any amendment make any
change in the sections hereof entitled "Insurance", "Reconstruction
or repair after casualty", or "Amendments", or in Paragraph 14.5. of
the section entitled "Maintenance of Community Interests", unless the
record owners of all mortgages upon the condominium shall join in the
execution of the amendment.
17. FHLMC REQUIREMENTS.
A. Notwithstanding any other provision in this De~laration
of Condominium, the Condominium Association By-Laws or any other
documents, the following provisions shall apply and may not be ~
amended or deleted without the prior written consent of the holder of
each first mortgage of a condominium unit of record:
(1) A first mortgagee at its request is entitled to
written notification from the association of owners of, the condomin-
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