AMENDMENT TO THE BYLAWS OF Leann H. Kilts, WEBER COUNTY RECORDER 30-Nov-21 0234 PM FEE $140.00 DEP A REC FOR: HELGESEN HOUTZ & JONES ELECTRONICALLY RECORDED ASPEN VILLAGE CONDOMINIUM This Amendment to the Bylaws of Aspen Village Condominium (“2021 Bylaw Amendment”) is made and executed on the date shown below after having been voted upon and approved by the members of the Aspen Village Homeowners Association, Inc., a Utah non-profit corporation ("Association").
RECITALS WHEREAS, Aspen Village Condominium was created by the “Declaration of Covenants, Conditions and Restrictions of Aspen Village Townhomes" (hereinafter “Enabling Declaration") recorded in the records of Weber County, Utah, on September 3, 1999, in book 2032, beginning on page 1393, as entry number 1660571; and WHEREAS, the Enabling Declaration was amended on January 25, 2008 ("2008 Amendment'), and as part of the 2008 Amendment, the Bylaws for Aspen Village Homeowners Association, Inc. (“Bylaws”), were adopted. The Bylaws are attached as Exhibit “C” to the 2008 Amendment, which is recorded as entry number 2317649 in the records of the Weber County, Utah, Recorder's Office; and WHEREAS, the property that is the subject of this 2021 Bylaw Amendment is situated in and upon that certain real property located in Weber County, State of Utah, as specifically described in Exhibit "A", attached hereto and incorporated herein by this reference, and includes the common area appurtenant to each Unit as shown on the plat for Aspen Village Condominiums recorded in the office of the County Recorder for Weber County, State of Utah. There are 60 units at Aspen Village Condominium.
WHEREAS, The unit owners in Aspen Village are desirous to amend the Bylaws for the purpose of
e of the County Recorder for Weber County, State of Utah. There are 60 units at Aspen Village Condominium.
WHEREAS, The unit owners in Aspen Village are desirous to amend the Bylaws for the purpose of changing the percentage of unit owners who must be present, in person or by proxy, to constitute a quorum for the conduct of Association business.
NOW THEREFORE, To accomplish the unit owners' objectives, this 2021 Bylaw Amendment is adopted. If there is any conflict between this 2021 Bylaw Amendment, the Enabling Declaration, the 2008 Amendment, or the Bylaws, this 2021 Bylaw Amendment shall control.
This 2021 Bylaw Amendment shall become effective upon recording. The Aspen Village Condominium Bylaws are hereby amended as follows: AMENDMENT Article II, paragraph 9 of the Bylaws is hereby repealed and replaced with the following: 1.1 9.
1.2 1.3 Quorum. Twenty percent (20%) of the members of the Association shall constitute a quorum for the adoption of those decisions upon which members are required or authorized to vote, including the election of board members. When a quorum of members is present at any meeting, the vote of a majority of the members present at the meeting, either in person or by proxy, shall decide any question brought before the meeting; provided, however, if the Declaration requires a fixed percentage of Unit Owners to approve any action, however, that percentage shall be required anything to the contrary notwithstanding.
Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof.
ndent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof.
Effective Date. This 2021 Bylaw Amendment shall take effect upon recording.
CERTIFICATION It is hereby certified that at least fifty-one percent (51%) of the votes of the condominium unit owners holding an undivided ownership interest in the common areas and facilities have voted to approve this 2021 Bylaw Amendment.
IN WITNESS WHEREOF, this 22 day of November, 2021.
By: R President STATE OF UTAH } ISS.
COUNTY OF WEBER ) who, On this 22 day of November, 2021, personally appeared before me Randy Parker being by me duly sworn, did say that he/she is President of the Aspen Village Condominium Homeowners Association and that the within and foregoing instrument was signed in behalf of said Board and (s)he duly acknowledged to me (s)he executed the same.
THE STATE!
Notary Public JENNIE LYN GORDON Notary Public State of Utah Comm. No. 716531 My Commission Expires on Feb 1, 2025 Jernnie fyn Gorda 66 EXHIBIT “A” Legal Description of Units Aspen Village Condominium, Ogden City, Weber County, Utah Serial Numbers [11-282-0001 through 11-282-0012] Units 1-12 13-44 45-60 [11-282-0045 through 11-282-0060] [11-283-0013 through 11-283-0044] i