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i � , , • • 13.7 Enforcement bv Owners. The provisions of this Seciion shall not limit or i pair � the independent rigt�ts of other Owners to enforce the provisions of the Governing Docum nts, the Rules and Regulations,and the Act,as provided therein. 13.8 Liti�tiori. Notwithstanding anyching contained herein to the contrary, the Association may not commence any judicial or administniive action on behalf of the O ers � (other than an action commenced to enforce the Gaverning Docnments or the Rules and Regulations, or to defend the Association), without first obtaining the affirmative vate o the Owners to which are allocated at least sixty-seven percent of the votes in the Assaciatio , in person or by proxy, at a meeting called for such purpose in accordance with the Bylaws, o hy wri#ten ballot. ISECTIUN 14 AMENDMENTS � I 14.1 A�proval Requirements. Except for amendments by Declarant pursuan to Section 16, this Declaration may be amended anly by the approvai of: 14.1.1 The Board; and 14.1.2 The Owners of Units to which are allocated at least sixty-seven perce t of the total votes in the Association,except as otherwise provided by the Act; and 14.13 Declarant as to certain amendments as provided in Section 16;and 14.1.4 The percentage of Eligible Mortgagees (based upon one vote per nit finance)as and if eequired by Section 15. 14.2 Procedure�. Approval of the Owners may be obtained in writing or at a mee ing of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortga ees and Declarant, if required, shall be in w�iting. Any amendmeni shall be subject to any gre ter requirements imposed by the Act. The amendment shatl be effective when recorded.as provi ed in the Act. An affidavit by the Secretary or the President of the Association as to the outcora of the vote, or the execution of the foregoing agreements or consenis, shall be adequate evide ce thereof for a!I purposes, including without limitation;the recording of the amendment. SECTION IS RIGHTS OF ELIGIBLE MQR7'CACEES Notwithstanding anythin�to the contrary in the Goveming Documents, but subject to he Act or other laws, Eligible Mortgagees shall have the foltowing rights and protections: I S.l Consent to Certain Amendments. Subject to Declarant's rights under Section 15, the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units t at are subject to first mortgages held by Eligible Mortgagees (based upon one vote per nit financed)shall be required for any amendment to the Goveming Documents which changes y MP1S-Word 95281.1 I 34 '