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200400023 <br />The respective interests of unit owners aforementioned are as follows: <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 proportlon 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 owners 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 <br />made, the interests of all unit owners are their respective common element <br />interests immediately before the termination. <br />Section 2. Amendment by Members <br />201905439 <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 <br />such 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 />•-" <br />Section 1. Records and Audit <br />The Executive Board or the managing agent shall keep detailed records of the actions of <br />the 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 <br />all 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 />shall be paid by those requesting it unless a majority of the members of the Association vote in <br />favor of a certified audit at a regularly called meeting. <br />ARTICLE XIII MISCELLANEOUS <br />Section 1. Notices. <br />All notices hereunder shall be sent by registered or certified mail to the Executive Board Go <br />the Managing Agent, or if there is no Managing Agent, to the office of the Executive Board or to <br />such other address as the Executive Board may hereafter designate from time to time, by notice <br />in writing to all unit owners and to all mortgagees of units. All notices to any unit owner shall be <br />15 <br />