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i „ , <br /> , • . <br /> 13.7 Enforcement bv Owners. The provisions of this Section shall not limit or i pair � <br /> the indel,pendent rigt�ts of other Owners to enforce the provisions of the Governing Docu ents, <br /> the Rules and Regulations,and the Act,as provided therein. <br /> 13.8 Liti�tiori. Notwithstanding anything contained herein to the contrary the <br /> � Association may not commence any judicial or administraiive action on behalf of the O ners � <br /> (other than an action commenced to enforce the Governing Docnments or the Rules and <br /> Regulatioris, or to defend the Association), without first ohtaining the affirmative vate o the <br /> Owners 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 far such purpose in accordance with the Bylaws, r by <br /> written ballot. <br /> ISECTIUN 14 <br /> AMENDMENTS � <br /> I <br /> 14.1 Annroval Requirements. Except for amendments by Declarant pursua t to <br /> Section 1 b, this Declaration may be amended only by the approval of: <br /> 14.1.1 The Board;and <br /> 14,l.2 The Owners of Units to vvhich are allocated at least sixty-seven perce t of <br /> ihe 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 nit <br /> finance) as and if cequired by Section 15. <br /> 14.2 Procedure�. Approval of the Owners may be obtained in writing ar at a mee ing <br /> of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortga ees <br /> and Declazant, if required, shal] be in writing. Any amendment shall be subject to any gr ter <br /> requirements imposed by the Act. The amendment shalt be effective when recorded as prov ded <br /> in the Act. An affidavit by the Secretary ar the President of the Association as to the outcom of <br /> the vote, nr the execution of the foregoing agreements or consents, shall be adequate evid nce <br /> thereof for all purposes, including without iimitation;the recording of the amendment. <br /> SECTION IS <br /> RIGHTS OF ELIGIBLE MORTCAGEES <br /> Notwithstanding anything to the contrary in the Governing Documents, but subject to the <br /> Act or other laws, Eligible Mortgagees shall have the foliowing rights and protections: <br /> I S.l Consent to Certain Amendments. Subject to Declarant's rights under Section t 5, <br /> the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units hat <br /> are subject to first mortgages held by Eligible Mortgagees (based upon one vote per nit <br /> financed) shall be required for any amendment to the Goveming Documents which changes y <br /> MPLS-Word 95281.1 1 34 • <br />