Article VIII - Easements |
Article IX - Amendment
December 7, 1990
This Master Deed and the Condominium Subdivision Plan, Exhibit "B" hereto, (but not Exhibit "A" hereto which may be amended as therein provided) may be arnended with the consent of Sixty-Six and Two-Thirds (66 2/395) percent of the co-owners and mortgagees (Allocating one vote for each mortgage held), EXCEPT as provided in preceding Articles of this Master Deed and EXCEPT as hereinafter set forth in this Article IX: A. No unit dimensions may be modified without the written consent of the co-owner of such unit, nor may the nature or extent of limited common elements or the responsibility for maintenance, repair or replacement thereof be modified without the written consent of the co-owner of any unit to which the same are appurtenant. B. Prior to the First Annual Meeting of members of the Association, the Developer may, without the consent of any co-owner or any other person, amend this Master Deed and the plans attached hereto as Exhibit "B" in order to correct survey or other errors made in such documents and to make such other amendments to such instruments and to the bylaws attached hereto as Exhibit "A" as do not materially affect any rights of any co-owner or mortgagee in the Condominium Project including, by way of example and not as limitation, amendments for the purpose of facilitating conventional mortgage loan financing for existing or prospective co-owners and to enable the purchase of such mortgage loans by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Government National Mortgage Association and any other agency of the federal government or of the State of Michigan. C. The value of the vote of any co-owner and the corresponding proportion of common expenses assessed against such co-owner shall not be modified without the written consent of such co-owner and of his mortgagee. D. Articles Vl, Vll, VIII, and this Article IX shall not be amended nor shall the provisions thereof be modified by any other amendment to this Master Deed without the written consent of Developer so long as Developer continues to offer any unit in the Condominium Project for sale or for so long as there remains, under such provisions, any further possibility of expansion of the Condominium Project. E. The Condominium Project may not be terminated. vacated. revoked or abandoned without the written consent of Ninety-five (95%) percent of all co-owners and all mortgagees (allocating one vote to each mortgage held). F. Developer may, with such co-owner consent as may be provided for in the Act, amend this Master Deed and the Condominium Bylaws attached hereto as Exhibit "A", for the purpose of extending the date of the First Annual Meeting of members of the Association. G. Developer may, with such co-owner consent as may be provided for in the Act, amend this Master Deed to extend the date of the expansion of the Condominium Project as set forth in Article VII hereof.
James H. Cook P |