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i �, . <br /> . • � <br /> 13.7 Enforcement by Owners. The provisions of this Section shail not limit or impair • <br /> the independent rights of other Owners to enforce the provisions of the Governing Documents, <br /> the Rules and Reguiations,and the Act,as pmvided therein. <br /> 13.8 Litigatiori. Notwithstanding anything contained herein to the contrary, the <br /> • Association may not commence any judicial or administrative action on behatf of the Owners <br /> � (ather than an action commenced to enforce the Governing Documents or the Rules and <br /> Regulatioris, or to defe�d the Association), without first obtaining the affirmative vate of the <br /> Owners to which are aiiocated at least sixty-seven percent of the votes in ths Association, in <br /> peison or by praxy, at a meeting called for such purpose in accordance with the Bylaws, or by <br /> written ballot <br /> ISECTION 14 <br /> AMENDMENTS � <br /> I <br /> 14.1 Approval Requirements. Except for amendments by Declarant pursuant to <br /> Section 1 b, this Declaration may be amended anly by the approvai o€: <br /> 14.1.1 The Board; and <br /> 14.1.2 The Owners of Units to which are allocated at least sixty-seven percent of <br /> the total votes in the Association,except as otherwise provided by the Act; and <br /> 14.1.3 Declarant as to certain amendments as provided in Section 16;and <br /> 14.1.4 The percentage of Eligible Mortgagees (based upon one vote per Unit <br /> finance) as and if required by Section 15. <br /> 14.2 Procedure�. Approval of the Owners may be obtained in writing ar at a meeting <br /> of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees <br /> and Declarant, if required, shal] be in writing. Any amendment shall be subject to any greater <br /> requirements imposed by the Act. The amendment shall be effective when recorded.as provided <br /> in the Act. An affidavit by the Secretary or the President of the Association as to the outcome of <br /> the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence <br /> thereof for a!1 purposes, including without limitation;the recording of the amendment. <br /> SECTION 15 <br /> � <br /> RIGHTS OF ELIGIBLE M4RTGACEES <br /> Notwithstanding anything to the contrary in the Governing Documents, but subject to the <br /> Act or other laws, Eligible Mortgagees shall have the following rights and protections: <br /> t 5.1 Consent to Certain Amendments. Subject to Declarant's rights under Section I5, <br /> the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units that <br /> are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit <br /> financed) shall be required for any amendment to the Governing Documents which changes any <br /> MPLS-Word 95281.I i 34 . <br />