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i � , I � <br /> . � • <br /> � . <br /> ]3.7 Enforcement bv Owners. The provisions of this Section shall not limit or i pair • <br /> the ind�pendent rights of other Owners to enforce the provisions of the Governing Dacum nts, <br /> the Rules and Regulations,and the Act, as provided therein. <br /> 13.8 Litigatiori. Notwithstanding anything contained herein to the contrary, the <br /> Associa,tion may not commence any judicial or administrative action on behalf of the Ou�ners <br /> (oth2r tihan an actian commenced to enforce the GoverniZg Docnments or the Rules and <br /> Regt:latioris, or to defend ihe Association), without �rst ohtaining the affirmative vate o the <br /> Owners j to which are allocated at least sixty-seven percent of the,votes in the Associatio , in <br /> person or by proxy, at a meeting called for such purpose in accordance with the Bylaws, by <br /> written�allot. <br /> ( I SECTIUN 14 <br /> AMENDMENTS � <br /> I <br /> 1!4.1 Approval Requirements. £xcept for amendments by Declarant pursuan to <br /> Section 16, 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 perce t�f <br /> the total votes in the Association,except as otherwise provided by the Act;and <br /> ' I 14.13 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 nit <br /> finance) as and if eequired by Section l5. <br /> 1�.2 Procedures. Approval of the Owners may be obtained in writing or at a mee ing <br /> of the Assoeiation duly held in accordance with the Bylaws. Consents of Eligible Mortga es <br /> and Decllarant, if required, shall be in writing. Any amendment shall be subject to any gre ter <br /> requirements imposed by the Act. The amendment shall be effective when recorded as provi ed <br /> in the Ac,i. An affidavit by the Secretary or the President of the Association as to the outcom of <br /> the vote,'or the execution of the foregoing agreements or consents, shall be adequate evide ce <br /> thereof for a!1 purposes, including without limitation;the recording of the amendment. <br /> I SECTION 15 <br /> � RIGHTS OF ELIGIBLE MORTCAGEES <br /> NQtwithstanding anything to the contrary in the Governing Documents, but subject to he <br /> Act or other taws, Eligible Mortgagees shall have the foliowing rights and protections: <br /> 1�.l Consent to Certain Amendments. Subject to Declarant's rights under Section 5, <br /> the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units t at <br /> are subje¢t to first mortgages held by Eligible Mortgagees (based upon one vote per U it <br /> financed) shall be required for any amendment ta the Goveming Documents which changes y <br /> MPLS-Word 95281.1 I 34 . <br />