AgdaPkt 2014-06-23 Closed and Joint SA

Browse Search

7.1.L. - Page 98 11.9 Right of First Refusal. No right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey the Owner's Condominium is imposed by this Declaration, the Articles, Bylaws or in any deed restriction of any deed from the Declarant to the first purchaser of the Condominium. 11.10 Unpaid Assessments. Any first Mortgagee of a Mortgage recorded prior to the recordation of a Notice of Delinquent Assessment who obtains title to a Condominium pursuant to the foreclosure procedures will not be liable for unpaid delinquent assessments accrued before the acquisition of title to the Condominium by the Mortgagee. ARTICLE 12 Amendments 12.1 Amendment Before Close of First Sale. Before the close of the first sale of a Condominium in the Development to a purchaser other than Declarant or an entity controlled by Declarant, this Declaration may be amended in any respect or rescinded by Declarant by recording an instrument amending or rescinding this Declaration. The amending or rescinding instrument shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the county in which the Development is located. For purposes herein,a Person is considered controlled by Declarant if the Declarant holds 50%or more of the capital and profit interests if a partnership or limited liability company,50%or more of the voting shares if a corporation, and 50% or more of the beneficial interests if a trust. 12.2 Amendment After Close of First Sale. After the close of the first sale of a Condominium in the Development to a purchaser other than Declarant or an entity controlled by Declarant, this Declaration may be amended or rescinded in any respect with the vote or written consent of the holders of not less than a majority of the voting rights of each class of Owners or, if a single class of Owners is then in effect, by the vote or written consent of not less than a majority of all votes and a majority of the votes excluding Declarant. If any provision of this Declaration requires a greater or lesser percentage of the voting rights of any class of Owners in order to take affirmative or negative action under such provision, the same percentage of such class or classes of Owners shall be required to amend or revoke such provision. Also, if the consent or approval of any governmental authority, Mortgagee, Owner or other Person,firm,agency or entity is required under this Declaration with respect to any amendment or revocation of any provision of this Declaration, no such amendment or revocation shall become effective unless such consent or approval is obtained. Notwithstanding anything herein to the contrary, any provision in this Declaration that specifically confers rights or benefits on Declarant as the Declarant and not on any other Owner may not be amended or rescinded without the prior written consent of Declarant except as expressly authorized by Civil Code section 4230. The amendment is effective when it has been approved by the appropriate percentage of Owners as required herein, the approval has been certified in a writing executed and acknowledged by the officer designated in this Declaration or by the Association for that purpose (or, if no one has been designated,the President of the Association),and the amendment and certification have been recorded in the county in which the Development is located. 12.3 Amendment of the Condominium Plan. The Condominium Plan may be amended by the consent of the Owners of Condominiums and their Mortgagees as required by Civil Code section 4295 and the consent of the Board. 12.4 Special Amendment Requirements. 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 Sections 2.8 and 9.9. The provisions of this Section 11.4 may not be amended without the unanimous consent of the total voting power of the Association. 12.5 City Amendment Approval Rights. No amendment to any of the following shall be made without the express written consent of the City: Section 1.6 (City), Section 1.19 (Landscape Maintenance Agreement), Section 1.29 (Stormwater Agreement), Section 2.6 (Department of Public Works Access CLSS\51643\927586.5 44 June 16,2014