[Login][Search][Register]
CC&R ARTICLE 12: AMENDMENT OF DECLARATION, PLAT MAP
12.1 Declaration Amendment.
Amendments to the Declaration shall be made by an instrument in writing entitled “Amendment to Declaration” which sets forth the entire amendment.  Except as otherwise specifically provided for in this Declaration, any proposed amendment must be approved by a majority of the Board prior to its adoption by the Owners.  Amendments may be adopted at a meeting of the Owners if seventy-five percent (75%) of the Owners vote for such amendment, or without any meeting if all Owners have been duly notified and seventy-five percent (75%) of the Owners consent in writing to such amendment.  In all events, the amendment when adopted shall bear the signature of the president of the Association and shall be attested by the secretary, who shall state whether the amendment was properly adopted, and shall be acknowledged by them as officers of the Association.  Amendments once properly adopted shall be effective upon recording in the appropriate governmental offices.  In addition to the amendments set forth in Article 9, any amendment to a provision of the Declaration establishing, providing for, governing or regulating the following shall require the consent of seventy-five percent (75%) of the Owners and seventy-five percent (75%) of the Mortgagees: voting; assessments, assessment liens or subordination of such liens; insurance or bonds; responsibility for maintenance or repairs; expansion or construction of the Project or the addition, annexation or withdrawal of property to or from the Project; boundaries of Lots; leasing of Lots; provisions for benefit of first Mortgagees, or holders, insurers or guarantors of first Mortgages; or imposition of any right of first refusal or similar restrictions on the right of Owner to sell, transfer or otherwise convey a Lot; provided, that any amendment changing the method of calculating the assessment liability of any Lot must have the prior written approval of all Owners of Lots for which the assessment share is proposed to be changed, and the approval of all first Mortgagees of record of such Lots based on one vote for each first Mortgage owned; and, provided further, that a Mortgagee who fails to respond in writing within thirty (30) days of a written request to approve an amendment shall be deemed to have approved the request.  It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein which may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself.
 
12.2 Plat Map
Except as otherwise provided herein, the Plat Map may be amended by revised versions or revised portions thereof referred to and described as to affect in an amendment to the Declaration adopted as provided for in Section 12.1.  Copies of any such proposed amendment to the Plat Map shall be made available for the examination of every Owner.  Such amendment to the Plat Map shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in the appropriate city or county office in conjunction with the Declaration amendment.
 
12.3 Amendments to Conform to Construction.
Declarant, upon Declarant’s sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file an amendment to the Declaration and to the Plat Map to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate utility easements and access road easements.
 
12.4 Amendments to Conform to Lending Institution Guidelines.
So long as Declarant continues to own one or more Lots, Declarant, on his signature alone, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may file such amendments to the Declaration and Plat Map as are necessary to meet the then requirements of:  Federal National Mortgage Association, Veterans Administration, Federal Home Loan Mortgage Corporation, or other agencies, institutions or lenders financing and/or title insuring the purchase of a Lot from the Declarant; or the governmental agencies having jurisdiction over the Project.
 
12.5 Article 14 Amendments.
Declarant, upon Declarant’s sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file such amendments to the Declaration and Plat Map as are necessary in the exercise of Declarant’s powers under Article 14.