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I w• . <br /> � . <br /> 1 <br /> 13.7 Enforcement bv Owners. 7'he provisions of this Section shall not limit or impair • <br /> the independent rights of other Owners to enforce the provisions of the Governing Documents, <br /> the Rules and Regulations,and the Act, as provided therein. <br /> 13.$ Liti�atiori. Notwithstanding anything contained herein to the contrary, the <br /> Association may not commence an.v judicial or administrative action on behaZf of the Owners <br /> (ather than an action commenced to enforce the Governing �ocnmznts ar the Rules and <br /> Rewlatioris, or to defend ihe Association); without f rst obtaining the affirmative vote of the <br /> Owners to which are allocated at least sixty-seven percent of the votes in the Association, in <br /> person or by praxy, at a meeting called for such purpose in accardance with ihe Bylaws, or hy <br /> written ballot. <br /> ISECTION 14 <br /> AMENDMEIYTS � <br /> I <br /> 14.1 Avproval Requirements. Except for amendments by Declarant pursuant to <br /> � Section 16, this Declaration may be amended only by the approvai of• <br /> 14.1.1 The Board; and <br /> 14.1.2 The Owners of Units to vvhich are allocated at least sixty-seven percent of <br /> the totai 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 /> t 4.1.4 The percentage of Eligible Mortgagees (based upon one vote per Unit <br /> finance) as and if reqnired by Section l5. . <br /> 14.2 Procedures. Approval of the Owners may be obtained in writing or at a meeting <br /> of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees <br /> and Declarant, if required, shall 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 /> RIGHTS OF ELIGIBLE M4RTGACEES <br /> Notwithstanding anything to the contrary in the Governing Documents, but subject to the <br /> Act or other 1aws, Eligible Mortgagees shall have the foliowing rights and protections: <br /> I5.1 Consent to Certain Amendments. Subject to Declarant's rights under Section 15, <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 95281.1 I 34 <br />