AgdaPkt 2015-06-22 Interview and Joint SA PFA

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69 6557.03/12309 ARTICLE 11 GEERAL PROVISIOS Section 11.1 Severability. Should any provision or portion hereof be declared invalid or in conflict with any law of the jurisdiction where this Development is situated, the validity of all other provisions and portions hereof shall remain unaffected and in full force and effect. Section 11.2 Term. The covenants and restrictions of this Declaration shall run with and bind the Development and shall inure to the benefit of and shall be enforceable by the Association or any Owner and their respective legal representatives, heirs, successors and assigns for a term of fifty (50) years from the date this Declaration is recorded after which time they shall be automatically extended for successive periods of ten (10) years unless a majority of the voting power of the Association elects otherwise. Section 11.3 Amendments. Prior to closing of the first sale of a Condominium from Declarant to an individual Owner, this Declaration may be amended in writing by Declarant upon prior consent to such amendment by the BRE, if such consent is required by the BRE. After the closing of the first sale of a Condominium to an individual Owner and during such time as there are two classes of voting membership in the Association, this Declaration may be amended only by the vote or written assent of not less than seventy-five percent (75%) of the voting power of each class of voting Members and an appropriate percentage of Mortgagees of First Mortgages, if applicable. After the conversion of Class B memberships into Class A memberships as provided in Section 3.6, this Declaration may be amended only by the vote or written assent of sixty-seven percent (67%) of the voting power of the voting Members of the Association as well as the vote or written assent of a majority of the total voting power of the voting Members other than Declarant and an appropriate percentage of Mortgagees of First Mortgages as set forth in Article 8 of this Declaration. (a) A proposed amendment shall be distributed to all Owners by first-class mail or personal delivery not less than fifteen (15) days and not more than sixty (60) days prior to a vote on the amendment by the Members of the Association. A copy of an amendment adopted by the Members of the Association shall be delivered to the Owners by first-class mail or personal delivery immediately upon its recordation. Any amendment shall be evidenced by an instrument executed and acknowledged by the President, Secretary or other duly authorized officer of the Association, shall make appropriate reference to this Declaration and its amendments and shall be recorded in the Official Records of San Mateo County. (b) Notwithstanding the above in this Section 11.3: (i) the percentage of the voting power of the voting Members of the Association or of voting Members other than Declarant necessary to amend a specific clause or provision of the Declaration shall not be less than the percentage of affirmative votes prescribed for action to be taken under such clause or provision, (ii) the Board shall have the power to amend this Declaration without an Association vote if the amendment is technical in nature or to make necessary factual corrections, (iii) any provision in this Declaration that specifically confers rights or benefits on Declarant as the Declarant and not any other Owner shall not be amended or rescinded without the prior written consent of Declarant, (iv) the provisions of Section 10.3 (Required Actions Prior to Certain Legal Actions or Proceedings), Section 10.4 (Design or Construction Defect Claims) and Section 11.5 (Limitation on Restrictions Against Declarant) shall not be amended without the prior written approval of Declarant, and (v) any such voting of the Owners regarding amendment to the condominium documents shall comply with the applicable procedures in Civil Code Sections 5100-5130. 7.1.K. - Page 73