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AgdaPkt 2012-03-19
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AgdaPkt 2012-03-19
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Last modified
3/20/2012 2:54:48 PM
Creation date
3/15/2012 5:34:10 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council
Date
3/19/2012
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6. 1. B. - Page 99 <br />including the mortgaged Condominium, and except for Assessment Liens as to which a Notice of <br />Delinquent Assessment has been recorded prior to the Mortgage. <br />E. Distribution of Proceeds of Insurance, Condemnation or <br />Termination: No provision of the Governing Documents gives an Owner, or any other party, priority <br />over any rights of First Lenders in the case of a distribution to Owners of proceeds of termination or <br />any insurance proceeds or condemnation awards for losses to or taking of Condominiums and /or <br />Common Area. <br />F. FHA/HUD Provisions: As long as any First Mortgage which is a lien on a <br />Condominium is insured or guaranteed by the Federal Housing Administration ( "FHA "), the following <br />provisions shall apply to the Project: <br />(1) Availability of Governing Documents: The Association shall make <br />available to Condominium Owners and First Lenders, and to Eligible Mortgage Holders and Eligible <br />Insurers or Guarantors, current copies of the Governing Documents concerning the Project and the <br />books, records and financial statements of the Association. "Available" means available for <br />inspection, upon request, during normal business hours or under other reasonable circumstances. <br />The Board may impose a fee for providing the requested documents which may not exceed the <br />reasonable cost to prepare and reproduce them. <br />(2) Audited Statement: Any Eligible Mortgage Holders and Eligible <br />Insurers or Guarantors shall be entitled, upon written request, to an audited financial statement for <br />the immediately preceding fiscal year. The Association shall also make available to prospective <br />purchasers current copies of the Governing Documents, and the most recent annual audited <br />financial statement, if such is prepared. [The Association shall be entitled to charge a reasonable <br />fee for reimbursement of its costs for providing any such copies of the Governing Documents or <br />annual audited financial statement, if such is prepared.] <br />(3) Notice of Action: Upon written request to the Association, identifying <br />the name and address of the Eligible Mortgage Holder or Eligible Insurer or Guarantor, and the <br />Condominium number or address, such Eligible Mortgage Holderor Eligible Insurer or Guarantor will <br />be entitled to timely written notice of: <br />(a) Any proposed amendment of the condominium instruments <br />effecting a material change in: <br />(1) The boundaries of any Unit or the exclusive easement <br />rights appertaining thereto; <br />(ii) the interests in the general or limited common elements <br />appertaining to any Unit or the liability for common expenses appertaining thereto; <br />appertaining to any Unit; or <br />elements are restricted. <br />(iii) the number of votes in the owners association <br />(iv) the purposes to which any Unit or the common <br />(b) Any proposed termination of the condominium regime; <br />- 55 <br />03/06/12 <br />T:IWPWIN601PROJECTS1333 MAIN STREEMEC - DRAFTING FORM[7][03 06 12].doc <br />
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