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201309492
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201309492
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Last modified
8/19/2014 2:24:47 PM
Creation date
12/5/2013 4:50:18 PM
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DEEDS
Inst Number
201309492
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The respective interests of unit owners aforementioned are as follows: <br />Section 2. Amendment by Members. <br />201309492 <br />holders of liens on the units as their interests may appear. Following termination, creditors of the <br />Association holding liens on the units, which were recorded before termination, may enforce those <br />liens in the same manner as any lienholder. All other creditors of the Association are to be treated <br />as if they had perfected liens on the units immediately before termination. <br />(a) Except as provided in paragraph (b) of this Subsection, respective interests <br />of unit owners are the fair market values of their units, limited common <br />elements, and common element interest immediately before the termination, <br />as determined by one or more independent appraisers selected by the <br />Association. The decision of the independent appraisers shall be distributed <br />to the unit owners and become final unless disapproved within thirty (30) <br />days after distribution by unit owners of units to which twenty five percent <br />(25 %) of the votes in the Association are allocated. The proportion of any <br />unit owner's interest to that of all unit owners is determined by dividing the <br />fair market value of that unit owner's unit and common element interest by <br />the total fair market values of all the units and common elements. <br />(b) If any unit or any limited common element is destroyed to the extent that an <br />appraisal of the fair market value thereof before destruction cannot be made, <br />the interests of all unit owners are their respective common element interests <br />immediately before the termination. <br />There shall be no amendment to these By -Laws unless two thirds (2/3) or more of the units <br />of the Association shall have voted therefor in the affirmative at a special or annual meeting; <br />provided, however, that percentage voting requirements contained in these By -Laws shall not be <br />amended by a lesser percentage vote than that sought to be amended, and provided further that such <br />amendment shall have the approval of more than fifty percent (50 %) in number of the first <br />mortgagees of record in all of the units upon the date of adoption of said amendment. <br />Section 3. Amendment by Declarant. <br />Anything contained in these By -Laws or in the Master Deed and Declaration or Articles of <br />Incorporation to the contrary notwithstanding, until Declarant releases control of the Association, <br />Declarant reserves the right to supplement or amend these By -Laws for clarification, correction or <br />otherwise in the best interests of all unit owners, including Declarant; provided that any such <br />supplement or amendment shall be approved by more than fifty percent (50 %), in number of all <br />existing first mortgage holders of record, in writing. After said release of control of said <br />Association, the President, as set forth in Article IV, Section 4 herein, shall have the authority to <br />prepare, execute, and certify amendments to the Declaration on behalf of the Association. <br />Section 1. Records and Audit. <br />ARTICLE XII. RECORDS <br />The Executive Board or the managing agent shall keep detailed records of the actions of the <br />Executive Board and the managing agent, minutes of the meetings of the Executive Board, and <br />financial records and books of account of the Association, including a chronological listing of <br />receipts and expenditures. Those records shall also include a separate account for each unit which <br />shall contain the amount of each assessment of common charges against such unit, the date when <br />due, the amounts paid thereon, and the balance remaining unpaid. A written report summarizing all <br />receipts and expenditures of the Association, certified by an independent accountant, shall be <br />rendered by the Executive Board to all unit owners and to all mortgagees of units who have <br />requested the same, promptly after the end of each fiscal year. The expense of the certified audit <br />16 <br />
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