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7.1.F. - Page 129
<br /> 9.3. Term: The covenants and restrictions of this Declaration shall run with and bind
<br /> the Project, and shall inure to the benefit of and shall be enforceable by the Association or the
<br /> Owner of any property subject to this Declaration, their respective legal representatives, heirs,
<br /> successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded,
<br /> after which time they shall be automatically extended for successive periods of ten (10) years,
<br /> unless an instrument in writing, signed by a majority of the then Owners of the Condominiums, has
<br /> been recorded within the year preceding the beginning of each successive period of ten (10)
<br /> years, agreeing to change the covenants and restrictions in whole or in part, or to terminate the
<br /> same.
<br /> 9.4. Amendments:
<br /> A. Unilateral Amendment by Declarant: Notwithstanding any other provisions
<br /> of this Section, at any time prior to the first Close of Escrow in the Project, Declarant may
<br /> unilaterally amend or terminate this Declaration by recording a written instrument which effects the
<br /> amendment or termination and is signed and acknowledged by Declarant. Notwithstanding any
<br /> other provisions of this Section, Declarant (for so long as Declarant owns any portion of the
<br /> Project) may unilaterally amend this Declaration or by recording a written instrument signed by
<br /> Declarant in order to: (i) conform this Declaration to the rules, regulations or requirements of VA,
<br /> FHA, DRE, Fannie Mae, Ginnie Mae or Freddie Mac; (ii) amend, replace or substitute any Exhibit
<br /> for any purpose to the extent that the Exhibit affects portions of the Project that have not yet been
<br /> conveyed to the Association or for which there has been no Close of Escrow, as applicable; (iii)
<br /> amend, replace or substitute any Exhibit to correct typographical or engineering errors; (iv) include
<br /> any Exhibit that was inadvertently omitted from the Declaration at the time of recording; (v) comply
<br /> with any city, county, state or federal laws or regulations; (vi) correct any typographical errors; (vii)
<br /> supplement or amend this Declaration with provisions which pertain to rights and obligations of
<br /> Declarant, the Association or Owners arising under the Right to Repair Law at Division 2, Part 2,
<br /> Title 7 (commencing with Section 895) of the Civil Code; and (viii) change any exhibit or portion
<br /> of an exhibit to this Declaration to conform to as-built conditions.
<br /> (1) Notwithstanding the foregoing, no such amendment by Declarant
<br /> shall change or revise or alter or eliminate any right of or impose any further obligations upon the
<br /> Commercial Owners without the written consent of all of the Commercial Owners.
<br /> B. Amendment by Members: After sale of the first Condominium, this
<br /> Declaration may be amended only by the affirmative vote (in person or by proxy) or written
<br /> consent of Members representing a majority of the total voting power of the Association and a
<br /> majority of the affirmative votes or written consent of Members other than the Declarant, or where
<br /> the two (2) class voting structure is still in effect, a majority of each class of membership and, if
<br /> required, the consent of the California Bureau of Real Estate. However, the percentage of voting
<br /> power necessary to amend a specific Section shall not be less than the prescribed percentage of
<br /> affirmative votes required for action to be taken under that Section. Any amendment must be
<br /> certified in writing executed and acknowledged by the President or Vice President of the
<br /> Association and recorded in the Recorder's Office of the County.
<br /> C. Super-Majority Required for Certain Amendments: Notwithstanding anything
<br /> to the contrary contained in this Declaration, Sections 9.4.C, 5.1.A, 5.1.B, 7.1, 7.9, 7.10, 9.7, 9.8
<br /> and 9.15 shall not be amended without the vote or approval by written ballot of at least (a) ninety
<br /> percent (90%) of the voting power of the Members of the Association other than Declarant, and
<br /> (b) at least ninety percent (90%) of the First Lenders.
<br /> D. Amendments Requiring Consent of Owners: Notwithstanding anything
<br /> herein to the contrary, no amendment affecting the dimensions of any Unit or the interests in the
<br /> Common Area or Exclusive Use Common Area shall be effective without the consent of all Owners
<br /> whose Units, Common Area interests, or Exclusive Use Common Area rights are affected by the
<br /> amendment, except as authorized in Section 2.2.D. The provisions of this Section 9.4.D may not
<br /> be amended without the unanimous consent of the total voting power of the Association.
<br /> E. Amendments Regarding Initiation of Construction Defect Claims:
<br /> Notwithstanding anything to the contrary contained in this Declaration, this Section 9.4.E and
<br /> Section 9.15 of this Declaration shall not be amended without the vote or approval by written ballot
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