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2018-03-06 P & Z Packet
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2018-03-06 P & Z Packet
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Rights with the County Recorder, setting forth a description of the right being <br /> assigned, and the identity of the assignee. <br /> SECTION 15 <br /> DECLARANT'S RIGHTS TO <br /> RELOCATE UNIT BOUNDARIES AND ALTER UNITS <br /> 15.1 Declarant shall have the right, without the consent of the Owners or the <br /> Association, to: 1) relocate boundaries between Units owned by Declarant; 2) <br /> combine Units, by removing boundaries between adjacent Units owned by <br /> Declarant; and 3) convert Units owned by Declarant, or any part thereof, into <br /> additional Units or Common Elements. Additionally, Declarant may amend this <br /> Declaration in order to subdivide or convert Units without the consent of the <br /> Owners. <br /> SECTION 16 <br /> AMENDMENTS <br /> This Declaration may otherwise be amended by the consent of(i) Owners of Units to which are <br /> allocated at least sixty-seven percent (67%) of the votes in the Association; and (ii) the consent <br /> of Declarant, as long as Declarant or a Homebuilder owns a Unit. Consent of the Owners may <br /> be obtained in writing or at a meeting of the Association duly held in accordance with the By- <br /> Laws. Consent of the Declarant shall be in writing. The Amendment shall be effective when <br /> recorded. An affidavit by the Secretary of the Association as to the outcome of the vote, or the <br /> execution of the foregoing agreements or consents, shall be adequate evidence thereof for all <br /> purposes, including without limitation, the recording of the amendment. <br /> SECTION 17 <br /> RIGHTS OF ELIGIBLE MORTGAGEES <br /> 17.1 Priority of Lien. Any holder of a first mortgage on a Unit or any purchaser of a <br /> first mortgage at a foreclosure sale, that comes into possession of a Unit by <br /> foreclosure of the first mortgage or by deed or assignment in lieu of foreclosure, <br /> takes the Unit free of any claims for unpaid assessments or any other charges or <br /> liens imposed against the Unit by the Association which have accrued against <br /> such Unit prior to the acquisition of possession of the Unit by said first mortgage <br /> holder or purchaser except for (i) a lien in favor of the association for unpaid <br /> assessments for common expenses levied and which became due, without <br /> acceleration, during the six months immediately preceding the first day following <br /> the end of the owner's period of redemption; and (ii) except that any <br /> 32 <br /> 022818 <br />
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