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3(c) Conditional Use Permit "The Range" Resort Development LLC/Premier Homes
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04-18-2019 Planning & Zoning Commisison Meeting
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3(c) Conditional Use Permit "The Range" Resort Development LLC/Premier Homes
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AMENDMENTS <br /> This Declaration may be amended by the consent (i) Owners of Units to which are allocated at least <br /> seventy-five (75%) of the votes in the Association, (ii) the percentage of Eligible Mortgages (based upon <br /> one vote per first Mortgage owned) required by Section 18 as to matters prescribed by said Section and <br /> (iii)the consent of Declarant to certain amendments as provided in Section 15.7. Consent of the Owners <br /> may be obtained in writing or at a meeting of the Association duly held in accordance with the By-Laws. <br /> Consent of Eligible Mortgages and the Declarant shall be in writing. Any amendment shall be subject to <br /> any greater requirements imposed by the Act. The Amendment shall be effective when recorded as <br /> provided in the Act. And affidavit by the Secretary of the Association as to the outcome of the vote, or <br /> the execufion of the foregoing agreements or consents, shall be adequate evidence thereof for all <br /> purposes, including without limitafion,the recording of the amendment. <br /> SECTION 18 <br /> RIGHTS OF ELIGIBLE MORTGAGEES <br /> Notwithstanding anything to the contrary in the Governing Documents, and subject to any greater <br /> requirements of the Act or other laws, Eligible Mortgagees shall have the following rights and <br /> protections: <br /> 1. Consent to Certain Amendment. The written consent of Eligible Mortgagees <br /> representing at least fifty-one percent (51%) of the Units that are subject to first <br /> Mortgages held by Eligible Mortgagees(based upon one vote per first Mortgage owned) <br /> shall be required for any amendment to the Governing Documents which cause any <br /> change in the following: (i)voting rights; (ii)assessments, assessment liens,or priority of <br /> assessment liens; (iii) reserves for maintenance, repair and replacement of Common <br /> Elements; (iv) responsibility for maintenance and repairs; (v) reallocation of interests in <br /> the Common Elements or Limited Common Elements, or right to their use; (vi) <br /> redefinition of any Unit boundaries; (vii) convertibility of Units into Common Elements <br /> or vice versa; (viii) expansion or contraction of the Property or the addition, annexafion <br /> or withdrawal of property to or from the property; (ix) insurance or fidelity bonds; (x) <br /> leasing of Units; (xi) imposition of any restriction on an Owner's right to sell or transfer <br /> his or her Unit; (xii) a decision by the Association to establish self management when <br /> professional management is in effect; (xiii) restoration or repair of the Properly (after a <br /> hazard damage or partial condemnafion) in a manner other than that specified in the <br /> Governing Documents; (xiv) any action to terminate the legal status of the common <br /> interest community after substantial destruction or condemnation occurs; or (uv) any <br /> provisions that expressly benefit Eligible Mortgagees, or insurers or guarantors of <br /> Mortgages. <br /> 27 <br />
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