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i <br /> ., , <br /> . � �� <br /> provision governi g the following: {i) voting rights; (ii) increases in an annual Assessment of ' <br /> more than twenty five percent over the prior year's annual Assessment; (iii)Assessment liens,or <br /> priority of Assess ent liens; (iv) reductions in reserves for maintenance, repair and replacement <br /> of Common Ele ents; (v) responsibility for maintenance and repairs; {vi) reallocation of � <br /> interests in the C mmon Elements or Limited Common"E}ements, or rights to their use; (vii) ' <br /> redefinition of an Unit boundaries; (viii) convertibility of llnits into Cammon Elements or vice <br /> versa; {ix) expans on or contraction of the Property or the addition, annexation ar withdrawai of <br /> property ta or fro the Property; (x) hazard or fide3ity insurance requirements; (xi) imposition of <br /> material restrictio s on the leasing of Units; (xii) imposition of any restrictions on an Owner's <br /> right to sell or tra sfer his or her Unit; (xiii) restoration or repair of the Property (after a hazard <br /> damage or parti condemnation) in a manner other than that specified in the Gove►ning <br /> Documents; (xiv) any action to terminate the legal status of the Condominium after substantial <br /> destruction or co�ndemnation occurs; or (xv) any provisions that expressly benefit Eligible <br /> Mortgagees,or in$urers or guarantors of mortgages. <br /> i ' <br /> 15.2 Co sent to Certain Actions. Subject to Declarant's rights under Section, the <br /> written consent o Eligible Mortgagees representing at least sixty-seven percent of the Units that <br /> are subject to fi t mortgages held by Eligible Mortgagees (hased upon one vote per Unit <br /> financed} shall b required to (i) abandon or terminate the Condominium; (ii) change the <br /> allocations of voti g rights,Common Expense obligations or interests in the Common Elements; <br /> {iii) parcition o subdivide a Unit except as permitted by statute; (iv) abandon, partition, <br /> subdivide, encum er, or sell any Common Elernents; or (v) use hazard insurance proceeds for <br /> other than the rep ir, replacement or reconstruction of the Property,except as otherwise provided <br /> by law. <br /> 153 Co sent to Subdivision. No Unit may be partitioned or'subdivided without t�e <br /> prior written appr val of the Owner and Eligible Mortgagee thereof,and the Association. <br /> 15.4 No Ri ht of First Refusal. The.right of an Owner to sell, transfer, or otherwise <br /> convey his or her nit shall not be subject to any right of first refusal or similar restrictions. <br /> 15.5 Pri rit of Lien. Any Person who comes into possession of a Unit by foreclosure ' <br /> of the first mort ge on a Unit, or by deed or assignrnent i❑ lieu of foreclosure of the first <br /> mortgage on a U it, takes the Unit free of any claims for unpaid Assessments or any other <br /> charges or liens i posed against the Unit by the Association which have accrued against such <br /> Unit prior to the cquisition of possession of the Unit by said Person; (i) except as provided in <br /> � Section 6.9 and t e Act and (ii) except that any unreimbursed Assessments or charges may be <br /> reallocated among all Units in accordance with their interests in the Common Elements. ' <br /> 15.b Pri rit of Taxes and Other Char es. All ta�ces, assessrnents and charges which <br /> may became lien prior to the first mortgage under szate law shall relate only to the individual <br /> Units and not to t e Property as a whole. <br /> i 15.7 Pri ri for Condemnation Awards. No provision of the Goveming Documents <br /> shall give an Own r, or any other party,priority over any rights of the Eligible Mortgagee of the <br /> Unit pursuant to it mortgage in the case of a distribution to such Owner of insurance proceeds or <br /> condemnation aw rds for losses to or a taking of the Unit and/or the Common Elements. The <br /> MPLS-Word 95281.11 35 <br />