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. • • . � � 13.7 Enforcement bv Owners. The provisions of this Section shall not limit or impair • the independent rights of other Owners to enforce the provisions of the Governing Documents, the Rules and Reguiations,and the Act, as pmvided therein. 13.8 Litigatiori. Notwithstanding anything contained herein to the contrary, the � Association may n�t commence any judicial or administrative action on behalf of the Owners � (ath�r than a�-� actian cor;menced to enforce .he Gaverning Docum�nts or the Rules and Reb iatioris, or to defe�d the Association), without frst obtaining the affirmative vate of the Owners to which are allocated at least sixty-seven percent of the votss in the Association, in peison or by proxy, at a meeting called for such purpose in accordance with the Bylaws, or by written ballot. ISECTION 14 AMENDMENTS � I 14.1 Approval Requirements. Except for amendments by Declarant pursuant to Section 16, this Declaration may be amended only by the approval of: 14.1.1 The Board; and 14.1.2 The Owners of Units to which are allocased at least sixty-seven percent of the total votes in ihe Association,except as otherwise provided by the Act; and 14.1_3 Declarant as to certain amendments as provided in Section 16;and 14.1.4 The percentage of Eligible Mortgagees (based upon one vote per Unit finance) as and if required by Section 15. 14.2 Procedures. Approval of the Owners may be obtained in writing or at a meeting af the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees and Declarant, if required, shal] be in writing. Any amendment shall be subject to any greater requirements icnposed by the Act. The amendment shall be effective when recorded as provided in the Act. An affidavit by the Secretary or the President of the Association as to the outcorrie of the vote, or the execution of the foregoing agreements or consents, sha31 be adequate evidence thereof for a!1 purposes, including without iimitation;the recording of the amendment_ SECTION 15 RIGHTS OF ELIGIBLE MORTCACEES Notwithstanding anything to the contrary in the Governing Documents,but subject to the Act or other laws, Eligible Mortgagees shall have the foliowing rights and protections: I S_1 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 that . are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit financed) shall be required for any amendment to the Governing Documents which changes any ; MPLS-Word 95281.1 I 34