DECLARATION: PAGE 7
ARTICLE ELEVENTH: Subject to Declaration,By-Laws, etc ................. 7
ARTICLE TWELFTH: Common Charges .................. 7
TENTH: Amendment and Withdrawal:
(a) The dedication of the property to Condominium ownership herein shall
not be revoked or the property withdrawn from Condominium ownership unless
80% of the Home Owners in number and in common interest and the first
mortgagees, if any, of each of these same homes agree to such revocation or removal
of the property from the plan by duly recorded instruments.
(b) The provisions of this Declaration may be modified or amended by an
instrument executed by the Board of Managers upon a vote of 80% of the Home
Owners in number and in interest held at a duly called meeting of the Home Owners,
provided however, that:
(i) No amendment shall change any condominium parcel, add or divest
condominium property, nor a home owner's proportionate share of the
common charges, nor the voting rights appurtenant to any home, unless 80% of
the record owner(s) in number and common interest thereof and the first
mortgagees, if any, of each of these same homes agree to such revocation by
recorded instrument and the Owner consents thereto with respect to any homes
owned by the Owner.
(ii) No amendment shall be passed which shall impair or prejudice the
rights and priorities of mortgagees.
There shall be a presumption for a period of 60 days subsequent to the
recording of the amendment that the vote of the Home Owners was made at a duly
called meeting and that the requisite voting percentage was obtained. After the 60-
day period such presumption will be deemed conclusive.
(c) Any amendment to this Declaration shall not take effect until it is recorded
in the Office of the County Clerk of Nassau County.
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