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6. 1. B. - Page 97 executed and acknowledged by the President or Vice President of the Association and recorded in the Recorder's Office of the County. Notwithstanding anything in this Declaration to the contrary, any amendment to the Condominium Plan shall satisfy the requirements of California Civil Code § 1351(e) or any successor statute. C. Super- Majority Required for Certain Amendments: Notwithstanding anything to the contrary contained in this Declaration, Article IX, Sections 10.4.C, 5.1.A, 5.1.13, 7.1, 7.9, 10.6, 10.7, and 10.8 shall not be amended without the vote or approval by written ballot of at least (a) ninety percent (90 %) of the voting power of the Members of the Association other than Declarant, and (b) at least ninety percent (90 %) of the First Lenders. D. Amendments Requiring Consent of Owners: Notwithstanding anything herein to the contrary, no amendment affecting the dimensions of any Unit or the interests in the Common Area or Exclusive Use Common Area shall be effective without the consent of all Owners whose Units, Common Area interests, or Exclusive Use Common Area rights are affected by the amendment, except as authorized in Section 2.2.D. The provisions of this Section 10.4.D may not be amended without the unanimous consent of the total voting power of the Association. E. Amendments Requiring Consent of City: Notwithstanding anything herein to the contrary, no amendment affecting the landscaping and maintenance requirements and use and access by the public to the Maintenance Area described in the Landscape Maintenance Agreement shall be effective without prior written consent of the City as authorized by the City Manager. 10.5. Encroachment Rights: If any portion of the Common Area encroaches on any Unit or any part of a Unit, or any portion of a Unit encroaches on any Common Area due to engineering errors, errors or adjustments in original construction, reconstruction, repair, settlement, shifting, or movement of the building, or any other cause, the owner of the encroachment shall have the right to maintain, repair or replace the encroachment, as long as it exists, and the rights and obligations of Owners shall not be altered in any way by that encroachment, settlement or shifting; provided, however, that no right shall be created in favor of an Owner or Owners if that encroachment occurred due to the intentional conduct of such Owner or Owners other than adjustments by Declarant in the original construction. In the event the Building or any structure in the Project is partially or totally destroyed, and then repaired or rebuilt, the Owners agree that minor encroachments over adjoining Condominiums or Common Area shall be permitted and that there shall be appropriate rights for the maintenance of those encroachments so long as they shall exist. In the event that an error in engineering, design or construction results in an encroachment of a Unit into the Common Area, a correcting modification may be made in the subdivision map and/or Condominium Plan. Such modification may be in the form of a certificate of correction and shall be executed by Declarant (so long as Declarant is the sole Owner of the Project) and by Declarant's engineer (in the case of a condominium plan) and, in addition, by the City Engineer (in the case of a subdivision map or parcel map). 10.6. Rights of First Lenders: No breach of any of the covenants, conditions and restrictions contained in this Declaration, nor the enforcement of any of its lien provisions, shall render invalid the lien of any First Lender on any Condominium made in good faith and forvalue, but all of those covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through Foreclosure or trustee's sale, or otherwise. Notwithstanding any provision in the Governing Documents to the contrary, First Lenders shall have the following rights: 53 03/06/12 T:IWPWIN601PR0JECTS1333 MAIN STREETIDEC - DRAFTING FORM[7][03 06 12].doc