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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
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HRSR
date
3/1/2010
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terminate the legal stat is of the common interest community after substantial destruction <br />or condemnation occurs; or - (xvi) any provisions that expressly benefit Eligible <br />Mortgagees, or insurers or guarantors of mortgages. <br />14.1.2. C onsent to Certain Actions. The written consent of Eligible Mortgagees <br />representing at least sixty -seven percent of the Units that are subject to first mortgages <br />held by Eligible Mortgagees (based upon one vote per Unit financed) shall be required to <br />(i) abandon or terminate the common interest community; (fi) change the allocations of <br />voting rights, Common Expense obligations or interests in the Common Elements; <br />(iii) partition or subdivide a Unit except as permitted by statute, (iv), abandon, partition, <br />subdivide, encumber or sell any Common. Elements; or (v) use hazard insiLrance proceeds <br />for other than the repair, replacement or reconstruction of the Property, except as <br />otherwise provided by law.. <br />14.13. Consent to S ibdiyision, No Unit may be partitioned or subdivided <br />without the prior written approval of the Owner and Eligible Mortgagee thereof, and the <br />Association.. <br />14.1.4. No Right' of First Refusal, The right of an Owner to sell, transfer or <br />otherwise'convcy his or her Unit shall not be subject to any right of first refusal or similar <br />restrictions. <br />14.1.5. Pri ari of f,ien. Any Person who comes into possession of a Ur�t by <br />foreclosure of the first mortgage on a Unit, or by deed or assignment' in lieu. of <br />foreclosure of the first mortgage on a Unit, tapes the Unit free of any claims for unpaid <br />Assessments or any other charges or liens imposed against the Unit by the Association <br />which have accrued against such Unit prior to the acquisition of possession of the Unit by. <br />said Person; (i) except as provided in Section 6.9 or MCIOA and (ii) except that any <br />un eimbursed Assessments or charges may be reallocated among all Units in accordance <br />with their interests in the Common Elements. <br />14. I.6, Prior of Taxes and Other Char cs..A.11 taxes, Assessments and charges <br />which may become liens prior to the first mo rtgage under state law shall relate only to the <br />individual Units and not to the Property as a whole. <br />14,1.7, Priority for Condemnation A- �rards. No provision of the Governing <br />Docuxu.ents shall give an Owner, or any other party, priority over any rights of the <br />Eligible Mortgagee of the Unit pursuant to its mortgage in the case of a distribution to <br />such Owner of insurance proceeds or condemnation awards for losses to or a taking of <br />the Unit and/or the Common Elements. The Association shall give written notice tb all <br />Eligible Mortgagees of any condemnation or eminent domain prooeeding. affecting the <br />Property promptly upon. rcceipt of notice from the condemning authority. <br />14.1.8. Re xirament for Management Au-eembnts. The term of any agreement <br />for professional rnanagem nt of the Proper shall not exceed two years. Any such <br />agreement shall provide for termination without penalty or termination fee by either party <br />as follows: (i) with cause, upon a n�ni.mum of thirty days prior written notice, and, <br />(ix) without cause, irpori ninety days prior written notice, <br />MPLs -word 2021 84.3 34 <br />
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