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6. 1. F. - Page 73 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. 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specifically confers rights or benefits on Declarant as the Declarant and not any other Owner shall not be amended or rescinded without the prior written consent of Declarant except as expressly authorized by Civil Code Section 1355.5, (iv) the provisions of Section 10.3 (Required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 11.4 (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 be by secret ballot and shall comply with the applicable procedures in Civil Code Section 1363.03. (a) Amendment of the Condominium Plan The Condominium Plan for each Condominium Building may be amended by the consent of the Owners of Condominiums in that Building and their Mortgagees as required by Civil Code Section 1351(e) and the consent of the Board. The consent of no other Owner or Mortgagee shall be required, provided that if the amendment involves the conversion of any Association Common Area into Building Common Area, the consent of Members holding a majority of the total voting power shall be required. The authorization of an encroachment into Association Common Area or the designation of Association Common Area as Exclusive Use Common Area under the provisions of Section 3.10 shall not be considered a conversion of Association Common Area into Common Area for purposes of this Section 11.3. (b) Unilateral Amendment by Declarant Notwithstanding any other provisions of this Section 11.3, Declarant (for so long as Declarant owns any portion of the Development) may unilaterally amend this Declaration or a Declaration of Annexation by recording a written instrument signed by Declarant in order to: (i) conform this Declaration, or Declaration of Annexation to the rules, regulations or requirements of the Department of Real Estate or VA, FHA, Fannie Mae, Ginnie Mae or Freddie Mac; (ii) amend, replace or substitute any Exhibit for any purpose to the extent that the Exhibit affects portions of the Development that have not yet been conveyed to the Association or for which there has been no Close of Escrow, as applicable; (iii) amend, replace or substitute any Exhibit to correct typographical or engineering errors; (iv) include any Exhibit that was inadvertently omitted from the Declaration, or Declaration of Annexation at the time of recording; (v) comply with any city, county, state or federal laws or regulations; (vi) correct any typographical errors; (vii) supplement or amend this Declaration with provisions which pertain to rights and obligations of Declarant, the Association or Owners arising under Division 2, Part 2, Title 7 of the California Civil Code (Section 895 et seq.); and (viii) change any exhibit or portion of an exhibit to this Declaration, or to a Declaration of Annexation to conform to as -built conditions. (c) No Amendment Without City Consent. No amendment to any of the following shall be made without the express written consent of the City: Definition of Association Common Area, 63 CCRS -One Marina. docx