Condominium Declaration - Laserfiche WebLink

Home Browse Search

� �, . � � . , 13.7 Enforcement bv Owners. The provisions of this Section shall not limit or impair • the independent rights of other Owners to enforce the provisions of the Governing Documents, the Rules and Regulations,and the Act,as provided therein. 13.8 Litigatiori. Notwithstanding anything contained herein to the contrary, the • Associatio❑ may not commence any judicial or administrative action on behalf of the Owners - (other ihan an actian commenced to enforce the Gaverning Documents or th� Rules and Regulatioris, or to defend the Association), without first obtaining the affirmative vote of the Owners to which are allocated at least sixty-seven percent af the votes in the Association, in pei-son oc by praxy, at a meeting called for such purpose in accordance with the Bylaws, or hy written ballot. ISECTION 14 AMENDMENTS � I 14.1 Approval Requirements_ Except for amendments by Declarant pursuant to . Section 16, this Declaration may be amended only by the approval of: 14.1.1 The Board; and ; 14.1,2 The Owners of Units to which are allocased at least sixty-seven percent of the total votes in the Association,except as otherwise provided by the Act;and 14_1.3 Declarant as to certain amendments as provided in Section 16;and 14.1.4 The percentage of Eligible Mortgagees {based upon one vote per Unit finance) as and if reqvired by Section 15. 14.2 Procedures. Approval of the Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees and Declarant, if required, shall be in writing. Any amendment shall be subject to any greater requirements imposed by the Act. The amendment shall be effective when recorded as provided in the Act. An affidavit by the Secretary or the President of the Association as to the outcome of the vote, or the execution of the foregoing agreements or consents, shail be adequate evidence thereof for a!l purposes, including without iimitation;the recording of the amendment_ SECTIQN 15 ' RIGHTS OF ELIGIBLE MORTCAGEES Notwithstanding anything to the contrary in the Governing Documents, but subject to the Act or other taws, Eligible Mortgagees shall have the following ri�hts and protections: l S.l Consent to Certain Amendments. Subject to Declarant's rights under Section t 5, the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit financed) shall be reguired for any amendment to the Governing Documents which changes any MPLS-Word 95281.1 I 34