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<br />6557.03/12309
<br />(c) Amendment of the Condominium Plan. The Condominium Plan for each
<br />Condominium Building may be amended by the consent of the Owners of Condominiums in that Building
<br />and their Mortgagees as required by Civil Code Section 4295 and the consent of the Board. The consent
<br />of no other Owner or Mortgagee shall be required, provided that if the amendment involves the
<br />conversion of any Association Common Area into Building Common Area, the consent of Members
<br />holding a majority of the total voting power shall be required. The authorization of an encroachment into
<br />Association Common Area or the designation of Association Common Area as Exclusive Use Common
<br />Area under the provisions of Section 3.10 shall not be considered a conversion of Association Common
<br />Area into Common Area for purposes of this Section 11.3.
<br />
<br />(d) Unilateral Amendment by Declarant. Notwithstanding any other provisions of
<br />this Section 11.3, Declarant (for so long as Declarant owns any portion of the Development) may
<br />unilaterally amend this Declaration or a Declaration of Annexation by recording a written instrument
<br />signed by Declarant in order to: (i) conform this Declaration, or Declaration of Annexation to the rules,
<br />regulations or requirements of the Department of Real Estate or VA, FHA, Fannie Mae, Ginnie Mae or
<br />Freddie Mac; (ii) amend, replace or substitute any Exhibit for any purpose to the extent that the Exhibit
<br />affects portions of the Development that have not yet been conveyed to the Association or for which there
<br />has been no Close of Escrow, as applicable; (iii) amend, replace or substitute any Exhibit to correct
<br />typographical or engineering errors; (iv) include any Exhibit that was inadvertently omitted from the
<br />Declaration, or Declaration of Annexation at the time of recording; (v) comply with any city, county, state
<br />or federal laws or regulations; (vi) correct any typographical errors; (vii) supplement or amend this
<br />Declaration with provisions which pertain to rights and obligations of Declarant, the Association or
<br />Owners arising under Division 2, Part 2, Title 7 of the California Civil Code (Section 895 et seq.); and
<br />(viii) change any exhibit or portion of an exhibit to this Declaration, or to a Declaration of Annexation to
<br />conform to as-built conditions.
<br />
<br />(e) o Amendment Without City Consent . No amendment to any of the following
<br />shall be made without the express written consent of the City: Definition of Association Common Area,
<br />Definition of Building Common Area, Definition of Common Area, Definition of Exclusive Use
<br />Common Area, Definition of Declaration, Definition of Development, Definition of Landscape
<br />Maintenance Agreement; Definition of Stormwater Improvements, Definition of Stormwater Treatment
<br />Measures Maintenance Agreement, Section 2.2(b) (Common Area), Section 2.6 (Conveyance of
<br />Association Common Area), Section 2.8 (Annexation of Additional Property), Section 2.12 (Notice of
<br />Airport Activities and Commercial/Industrial Activities in Vicinity ), Section 2.13 (Notice of Airport in
<br />Vicinity), Section 2.14 (Guarantee of Access to Public Access Area), Section 2.15 (Open Space and View
<br />Corridor Restriction), 2.16 (BCDC Permit Terms, Conditions and Restrictions), Section 2.18 (Landscape
<br />Maintenance Agreement; Assignment to Association), Section 2.19 (Stormwater Treatment Measures
<br />Maintenance Agreement; Assignment to Association), Section 2.20 (Habitat Mitigation and Monitoring
<br />Plan; Assignment to Association), last sentence of Section 3.7(e) (Manager), Section 5.1 (Association’s
<br />Rights and Obligations to Inspect, Maintain and Repair the Development), Section 5.5 (Maintenance of
<br />Landscaping), Section 5.8 (Water System Maintenance), Section 5.9 (Storm Drains/Stormwater), Article
<br />6 (Utilities and Easements), last two sentences of Section 7.4 (Animals), last sentence of Section 7.5
<br />(Garbage and Refuse Disposal), last sentence of Section 7.7(c) (antennas), last sentence of Section 7.12(c)
<br />(signage), Section 7.26(m) (Architectural Control), last sentence of Section 7.30 (smoking), Section
<br />11.3(e) (No Amendment Without City Consent), last sentence of Section 11.5 (Termination of any
<br />Responsibility of Declarant), Section 11.16 (Third Party Beneficiary), and Section 11.17 (Compliance
<br />with Laws). City hereby delegates to City Manager the authority to approve or deny modifications to any
<br />or all of the foregoing, with final language subject to City Attorney approval.
<br />
<br />Section 11.4 Limitations of Restrictions on Declarant. Declarant is or may be undertaking
<br />the work of developing Condominiums and other improvements within the Development, which work
<br />7.1.K. - Page 74
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