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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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14,1,9. Access to Boobs and RecordslAudit. Eligible Mortgagees shall have the <br />right to examine the • books and records of the- Association upon reasonable notice and <br />during normal business hours, and to receive free of charge, upon w.ittern request, copies <br />of the Association's annual reports and other financial statements. Financial statements, <br />including those which are audited, shall be available within one hundred twenty days* <br />after the end of the Association's fisoaf year. If the common interest comet' unity consists <br />of fewer than R4 Units, FNMA, or any institutional. guarantor or insurer of a mortgage <br />loan against a unit, may require that, at its own expense, an audit of the Association's <br />financial statements be made for the preceding year, in which case the Association shall <br />cooperate in having are audit made and a copy given to the requesting party: If the <br />• common interest community consists of fifty or more Units, the Association shall provide <br />the requested audit at its expense. <br />14.1.10. Notice Requirements. Eligible Mortgagoes shall be entitled to timely <br />written notice of; <br />14.1.10.1, a condemnation loss or any casualty loss which affects a <br />material portion of the Property or the Unit securing the mortgage; <br />14.1.10.2, a sixty day delinquency in the payment of Assessments or <br />charges aged by the Owner of a Unit on which it holds a mortgage; <br />14.1.103, a lapse, cancellation or material' modification of any <br />insurance policy maintained by the Association; and <br />14.1.10.4. a proposed action which requires the consent of a specified <br />percentage of Eligible Mortgagee, <br />14.2. Rights of Non - Qualified Mort a ces. Notwitbstanding anything to the contrary <br />in this Declaration, Mortgagees that have not qualified for status as Eligible Mortgagees as <br />defused in Section 1.12 (a "Non-Qualified Mortgagee ") shall have • the following rights and <br />protections in lieu of the rights and protections provided to Eligible Mortgagees: <br />14.11. Consent to Certain. Amendments and Actions. In addition to any <br />additional requirements imposed by this Declaration or by law, the consent of Non- <br />Qualified Mortgagees representing at least fifty-one perce-ftt of the votes allocated to <br />Units that are subject to first mortgages held by Non-Qualified Mortgagees (based upon <br />one vote per 'nit financed) shall be required for (i) any amendment to this .Declaration or <br />other Governing Documents of a matorial adverse nature to Ikon- Qualified Mortgagees; <br />and (ii) any action to terminate the common interest community after substantial <br />destruction or cond.ernnation. occurs. A. Non. - Qualified Mortgagee shall .be deemed to <br />consent to and approve of any such amendment or action in the event the No n- Qualified <br />Mortgagee fails to submit a. written obgrection to the Association within sixty (60) days <br />after it receives notice of the same, by registered or eertifed mail, with a retim receipt <br />requested. <br />- t <br />. i <br />MPLS -Word 2021$03 35 <br />s <br />i <br />
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