201807442 - Laserfiche WebLink

Browse

201807442 ninety percent (90%) or more of the votes in the Association. If the necessary votes and/or consents are obtained, the Board shall Record a Certificate of Termination, duly signed by the President or Vice President and attested by the Secretary or Assistant Secretary of the Association, with their signatures acknowledged. Following the Recording of a Certificate of Termination, this Declaration shall have no further force or effect, and the Association shall be dissolved pursuant to the terms set forth in its Articles. No termination of this Declaration shall be effective unless approved in writing by the Declarant, if the Declarant owns one or more Lots at the time of the termination, and each Designated Builder that owns one or more Lots at the time of the termination. 12.3 Amendments. This Declaration may be amended at any time by the affirmative vote of Members having at least seventy-five percent (75%) of the total votes in the Association. Any amendment to this Declaration must be approved in writing by the Declarant, if the Declarant owns one or more Lots at the time of the amendment, and by each Designated Builder that owns one or more Lots at the time of the amendment. Notwithstanding any other provision of this Declaration to the contrary, neither Article 11, Article 14, nor this sentence may be amended without the prior written consent of the Declarant and each Designated Builder even if the Declarant or Designated Builder no longer own any Lots at the time of the amendment. Any amendment approved by the Members pursuant to this Section shall certify that the amendment has been approved as required by this Section, shall be signed by the President or Vice President of the Association, and shall be Recorded. Unless a later effective date is provided for in the amendment, any amendment to this Declaration shall be effective upon the Recording of the amendment. Notwithstanding any other provision of this Declaration to the contrary, this Declaration may not be amended to conflict with the conditions of approval of any Plat by the City of Grand Island unless the Plat is abandoned. Any challenge to an amendment to this Declaration for the reason that the amendment was not adopted by Members holding the required number of votes or was not adopted in accordance with the procedures set forth in this Section must be made within one (1) year after the Recording of the amendment. 12.4 Condemnation of Common Area. If all or any part of the Common Area is taken or condemned, or conveyed by the Association in lieu of or under threat of such condemnation, by or to any authority having the power of condemnation or eminent domain, the award or other compensation paid as a result of such taking or conveyance shall be paid to the Association. Any conveyance by the Association of all or any part of the Common Area in lieu of or under threat of condemnation must be approved in accordance with the provisions of Section 7.16. If the taking, condemnation, or conveyance involves a portion of the Common Area upon which Improvements have been constructed, then the Association shall construct replacement Improvements on the remaining Common Area to the extent land is available for such Page 58 of 67