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08-23-1999 Council Packet
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08-23-1999 Council Packet
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r <br />c. <br />d. <br />Subdivision or Conversion . Additional Units may be created by the Declarant <br />in the manner provided in Section 515B.2-112 of the Act by the subdivision or <br />conversion of a Unit (within the meaning of the Act) into two or more Units, <br />or into other Units, Common Elements or Limited Common Elements. <br />Requirements. The alteration, relocation of boundaries or other modification <br />of Units or the Dwellings or other structures located therein (collectively <br />referred to herein as "alteration" or "alterations") pursuant to this Section, <br />Section 8, and the Act may be accomplished only in accordance with the <br />following conditions: <br />(1) No Unit may be altered if thereafter the Dwelling located therein, or <br />any other Dwelling affected by the alteration, would no longer be <br />habitable or practicably usable for its intended purpose or would violate <br />any law, code or ordinance of any governmental authority having <br />jurisdiction over the Property. <br />(2) No alteration may be made which adversely affects the structural or <br />functional integrity of any building system or the structural support or <br />weather-tight integrity of any portion of any building or other structure, <br />(3) The prior written consent of the Association shall be required for any <br />alteration, except alterations by Declarant. Where required, such <br />consent shall be requested in writing by each Owner whose Unit is <br />proposed to be altered, accompanied by such explanation, drawings and <br />specifications relating to the proposed alterations as may be reasonably <br />required by the Association or the fir.st mortgagee of the Unit. The <br />Association shall give such Owner(s) notice in an expeditious manner, <br />granting, denying or qualifying its consent. <br />(4) As a precondition to consenting to alterations, the Association may <br />require, among other things, the following: (i) that all alterations will <br />be done in a workmanlike manner and without impairing the structural, <br />mechanical or weather-tight integrity of the Building; (ii) that the <br />Common Elements and altered Units will be repaired and/or restored in <br />the future as required by the Association; (iii) that the construction of <br />the alterations will not create dangerous conditions for any Owners or <br />Occupants; (iv) that the Property, the first mortgagees and the Owners <br />and Occupants will be protected from liens and other liability arising <br />from the alterations; and (v) that the alterations will be done in <br />compliance with the applicable laws, regulations and ordinances of the <br />governmental authorities having jurisdiction over the Property.
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