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5. HRSR 03-01-2010
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5. HRSR 03-01-2010
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5/13/2014 9:08:35 AM
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2/26/2010 2:53:59 PM
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City Government
type
HRSR
date
3/1/2010
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13.1.4. A majority of the votes of Owners of Commercial Units as to any <br />amendment which materially or adversely affects the Commercial Units, the rights or <br />obligations related thereto, the Limited Common Elerneh.ts allocated, to the Comiiiercial <br />Units or the operation of the Commercial Units, <br />13.2, Procedures. Approval of the Owners may be obtained in Ming or at a meeting <br />of the Association duly hold in accordance with the Bylaws. Consents of Eligible Mortgagees or <br />other Mortgagees, if required, shall be in writing. The am ndment shall be effective when <br />recorded as provided in MCIaA.. An' affidavit by the President or Secretary of the Association <br />as to tho outcome of the vote, or the execution of the foregoing agreements or-consents, shall be <br />adequato evidence thereof for all purposes, including without limitation, the recording of the <br />amendment. <br />SECTION 14 <br />PJGHTS OF MORTGAGEES <br />It is important that individual mortgage loans on the Units be available to Owners and <br />prospective Owners, and that, in order to enhance the availability of such financing, the <br />Govern ng <br />Documents contain qualification provisions that are acceptable to lenders, guarantors <br />and insurers of Unit loans, such as the Fedoral National Mortgage Association '(TNN A. "), the <br />Federal ITome Loan Moilgage Corporation ("FHLMC") and the Federal Housing .Administration <br />("FHA"). Accordingly, Mortgagees and Eligible Mortgagees shall have the rights and <br />protections set forth in this Section 13, which rights and protections shall control as against any <br />other provisions of the Governing Documents? <br />14.1. Eh ible Mo yagees. Eligible Mortgagees shall have the following rights and <br />protections: <br />14.1.1. Consent to Certain Amendments. The written consent of Eligible <br />Mortgagees representing at least fifty-ono percent of the Units that are subject to first <br />mortgages held by Eligible Mortgagees (based. upon one vote per Unit financed ) shall be <br />required for any amendment to the Governing Documents which causes any change in <br />provisions relating to the followhag: (i) voting rights; (ii) increases in Assessments over <br />twenfy -five percent; (iii) Assessment liens, or priority of Assessment liens; <br />(iv) reduction8 in reserves for maintenance, repair and replacement of Common <br />Elements; (v) responsibility for maintenance and repairs; (vi) reallocation of interests in <br />the Common Elements or Limited Common Elements, or rights to their use; <br />(vii) redefinition of any Unit boundaries; ' (viii) convertibility ' of Units into Common <br />Elements or vice versa; (ix) expansion or contraction of the Property or the addition, <br />annexation or withdrawal of property to ,or from the Property; (x) hazard or fidelity <br />insurance requirements; . (xi) imposition of restrictions on the leasing of Units; <br />(iii) imposition of any resat ction.s on an Owner's right to sell or transfer his or her Unit; <br />(Xiii) a decision by the Association (if the common interest community involves fifty or <br />more Units) to establish self management when professional management is In effect as <br />requir6d previously by the governing Documents or an Eligible Mortgagee; <br />(xiv) restoration or repair of the Property (after a hazard damage or partial condemnation) <br />iii a m=er other than that specified in the Governing Documents; (xv) any action. to <br />MPLS -word 2021 80.3 33 <br />
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