ee 6/2008 Rik a ae IND Stark County Recorder 2 2280042365 AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR THE HIGHLANDS CONDOMINIUM PL rieeind ir MARGINAL ; REFERENCE WITH THE DECLARATION OF HE HIGHLANDS CONDOM RECORDED AT INST INIUM RECORDE! RUMENT NO. 2000060974 OF THE STARK COUNTY instr: 11/06/2008 Ri ok Oh aapb belt 2:2 Harte County Recorder 720080042365 AMENDMENTS TO THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR THE HIGHLANDS CONDOMINIUM WHEREAS, the Declaration of Condominium Ownership for The Highlands Condominium (the “Declaration”) and the Bylaws of The Highlands Condominium Association (the “Bylaws”), Exhibit A to the Declaration, were recorded at Stark County Records Instrument No. 2000060974, and WHEREAS, Section 5311.05(E)(1) of the Ohio Revised Code, as amended on July 20, 2004, authorizes the Board of Directors, without a vote of the Owners, to amend the Declaration “to bring the Declaration in compliance with this Chapter,” and WHEREAS, the Board of Directors approved the following matters to be modified (the “Amendments”) in order to bring the Declaration into compliance with Ohio Revised Code Chapter 5311, and WHEREAS, the proceedings necessary to amend the Declaration and Bylaws as permitted by Chapter 5311 of the Ohio Revised Code and the Declaration of Condominium Ownership for The Highlands Condominium have in all respects been complied with.
NOW THEREFORE, the Declaration of Condominium Ownership for The Highlands Condominium is hereby amended by the Board of Directors as follows: (1) All references in the Declaration and Bylaws to the term “Limited Common Areas” or “Limited Common Areas and Facilities” shall be replaced with the term “Limited Common Elements.”
tors as follows: (1) All references in the Declaration and Bylaws to the term “Limited Common Areas” or “Limited Common Areas and Facilities” shall be replaced with the term “Limited Common Elements.”
(2) All references in the Declaration and Bylaws to the term “Board of Managers” shall be replaced with the term “Board of Directors.”
(3) INSERT a new DECLARATION ARTICLE XIX, SECTION 3, entitled “Enforcement Assessments.” Said new addition, to be added on Page 29 of the Declaration, as recorded at Stark County Records, Instrument No. 2000060974, is as follows: 3. Enforcement Assessments: In accordance with Ohio Revised Code Section 5311.081(B)(12), the Board shall have the authority to impose interest and administrative late fees for the late payment of Assessments; impose returned check charges; and, in accordance with the procedure outlined in Ohio Revised Code Section 5311.081(C)(1), impose reasonable enforcement Assessments for violations of Page 2 of 7 Tn inst iy 11/06/2008 2PM COND Of pbel a 2:22 Rick, County Recorder 2 80042365 the Declaration, the Bylaws, and the Rules of the Association, and reasonable charges for damage to the Common Elements.
(4) INSERT a new 224 PARAGRAPH to the end of DECLARATION ARTICLE X, SECTION 4, entitled “Lien for Assessment.” Said new addition, to be added on Page 15 of the Declaration, as recorded at Stark County Records, Instrument No. 2000060974, is as follows: In accordance with Ohio Revised Code Section 5311.18(A)(1)(b), the Association has a lien upon each Unit’s ownership interest for any unpaid interest, administrative late fees, enforcement Assessments, and collection costs, attorney’s fees, and paralegal fees.
(5) INSERT a new 224 PARAGRAPH to the end of DECLARATION ARTICLE XI,
any unpaid interest, administrative late fees, enforcement Assessments, and collection costs, attorney’s fees, and paralegal fees.
(5) INSERT a new 224 PARAGRAPH to the end of DECLARATION ARTICLE XI, SECTION 12, entitled “Rental of Units.” Said new addition, to be added on Page 19 of the Declaration, as recorded at Stark County Records, Instrument No. 2000060974, is as follows: In accordance with Ohio Revised Code Section 5311.19(B), the Association may initiate eviction proceedings, pursuant to Chapters 5321 and 1923 of the Revised Code, to evict a tenant. The action shall be brought by the Association, as the Unit Owner’s Agent, in the name of the Unit Owner. In addition to any procedures required by Chapters 5321 and 1923 of the Revised Code, the Association shall give the Unit Owner at least ten days written notice of the intended eviction action. The costs of any eviction action, including reasonable attorney’s fees, shall be charged to the Unit Owner and shall be the subject of a special Assessment against the offending Unit and made a lien against that Unit.
(6) INSERT a new 2.4 PARAGRAPH to the end of DECLARATION ARTICLE X, SECTION 3, entitled “Payments.” Said new addition, to be added on Page 15 of the Declaration, as recorded at Stark County Records, Instrument No. 2000060974, is as follows: In accordance with Ohio Revised Code Section 5311.18(A)(2), the Association shall credit payments made by a Unit Owner in the following order of priority: (1) First, to interest owed to the Association; (2) Second, to administrative late fees owed to the Association; (3) Third, to collection costs, attorney’s fees, and paralegal fees incurred by the Association; and Page 3 of 7 11/06/2008 Rick” Canpbel a 2:2 COND Stark County Recorder 120080042365
the Association; (3) Third, to collection costs, attorney’s fees, and paralegal fees incurred by the Association; and Page 3 of 7 11/06/2008 Rick” Canpbel a 2:2 COND Stark County Recorder 120080042365 (4) Fourth, to the principal amounts the Unit Owner owes to the Association for the common expenses or _ enforcement Assessments chargeable against the Unit.
(7) INSERT a new DECLARATION ARTICLE XIX, SECTION 4, entitled “Suspended Rights.” Said new addition, to be added on Page 29 of the Declaration, as recorded at Stark County Records, Instrument No. 2000060974, is as follows: 4. Suspended Rights: In accordance with Ohio Revised Code Section 5311.081(B)(18), when a Unit Owner is delinquent in the payment of Assessments for more than thirty (30) days, the Board may, by a majority vote, suspend the voting privileges of the owner.
(8) INSERT a new 2.4 PARAGRAPH to the end of DECLARATION ARTICLE X, SECTION 7, entitled “Liability for Assessments upon Voluntary Conveyance.” Said new addition, to be added on Page 16 of the Declaration, as recorded at Stark County Records, Instrument No. 2000060974, is as follows: In accordance with Ohio Revised Code Section 5311.081(B)(15), the Board may impose reasonable charges to the Unit Owner for providing copies of the Declaration, Bylaws or amendments thereto as well as reasonable charges for the handling of re-financing and/or resale documentation, and/or statements of unpaid Assessments.
(9) INSERT a new DECLARATION ARTICLE XI, SECTION 14, entitled “Owner/Resident Information.” Said new addition, to be added on Page 20 of the Declaration, as recorded at Stark County Records, Instrument No. 2000060974, is as follows: 14. Owner/Resident Information: In accordance with Ohio Revised Code Section 5311.09(A)(2) and (8), each
the Declaration, as recorded at Stark County Records, Instrument No. 2000060974, is as follows: 14. Owner/Resident Information: In accordance with Ohio Revised Code Section 5311.09(A)(2) and (8), each Unit Owner shall, within thirty (30) days of the recording of this Amendment or within thirty (80) days of title transferring to the Unit Owner, provide to the Association the Unit Owner’s and/or all Occupants’ names, home and business mailing addresses, home and business telephone numbers, and the name, business address and business telephone number of any person who manages the Unit as an agent of that Owner. Any change in the information shall be provided to the Board, in writing, within thirty (30) days of said change.
Page 4 of 7 A 11/06/2008 Rick “bampbe nes Stark County Recorder 0080042365 (10) MODIFY BYLAWS ARTICLE II, SECTION 1, entitled “Number and Qualification.” Said modification, to be made on Page 3 of the Bylaws, Exhibit A of the Declaration, as recorded at Stark County Records, Instrument No. 2000060974, is as follows: (deleted language is crossed out; new language is underlined) 1. Number and Qualification: The affairs of this Association shall be managed by a Board of not less than three (3) Directors Managers, of which at least two (2) must be members of the Association, and_a Unit Owner or the spouse of a Unit Owner. That notwithstanding, no one (1) Unit may be represented by more than one (1) person on the Board at any one (1) time.
(11) INSERT a new 24 SENTENCE to the end of BYLAWS ARTICLE II, SECTION 6, entitled “Regular Meeting.” Said new addition, to be added on Page 4 of the Bylaws, Exhibit A of the Declaration, as recorded at Stark County Records, Instrument No.
2000060974, is as follows:
TION 6, entitled “Regular Meeting.” Said new addition, to be added on Page 4 of the Bylaws, Exhibit A of the Declaration, as recorded at Stark County Records, Instrument No.
2000060974, is as follows: In accordance with Ohio Revised Code Section 5311.08(A)(4)(a), any Board meeting may be held in person or by any method of communication, including electronic or telephonic communication, provided that each Board member can hear, participate and respond to every other Board member.
(12) INSERT a new SENTENCE to the end of BYLAWS ARTICLE VI, SECTION 1, entitled “Preparation of Estimated Budget.” Said new addition, to be added on Page 10 of the Bylaws, Exhibit A of the Declaration, as recorded at Stark County Records, Instrument No. 2000060974, is as follows: In accordance with Ohio Revised Code Section 5311.21, in the alternative, if the Association has collected a Common Surplus at the end of any fiscal year, the Board may determine that such amount will be applied toward reserves.
(13) INSERT a new SUBSECTION iv to BYLAWS ARTICLE II, SECTION 9PARAGRAPH A, entitled “Powers” Said new addition to be added on Page 5 of the Bylaws, Exhibit A of the Declaration, as recorded at Stark County Records, Instrument No. 2000060974, is as follows: iv. In accordance with Ohio Revised Code Section 5311.081(B), in addition to all other powers enumerated herein, the Board may exercise all powers of the Association, including the power to do the following: Page 5 of 7 (a) (b) (c) (d) (e) (f) (g) (14) Any conflict between the above provisions and any other provisions of the Declaration and Bylaws shall be interpreted in favor of the above amendments.
the recording of these amendments, only Unit Owners of record at the time of such filing
s and any other provisions of the Declaration and Bylaws shall be interpreted in favor of the above amendments.
the recording of these amendments, only Unit Owners of record at the time of such filing shall have standing to contest the validity of these amendments, whether on procedural, substantive or any other grounds, provided further that any such challenge shall be brought in the court of common pleas within one year of the recording of the amendments.
gu drat re 11/06/2008 Ri ok Metall :2 COND Bick, County Recorder 120080042365 Hire and fire attorneys, accountants, and other independent contractors and employees that the Board determines are necessary or desirable in the management and/or operation of the Condominium Property and the Association: Commence, defend, intervene in, settle, or compromise any civil, criminal, or administrative action or proceeding that is in the name of, or threatened against, the Association, the Board, or the Condominium Property, or that involves two or more Unit Owners and relates to matters affecting the Condominium Property; Enter into contracts and incur liabilities relating to the operation of the Condominium Property; Grant easements, leases, licenses, and concessions through or over the Common Elements; Impose and collect fees or other charges for the use, rental, or operation of the Common Elements or for services provided to Unit Owners; Purchase insurance and fidelity bonds the Board considers appropriate or necessary; and Invest excess funds in investments that meet standards for fiduciary investments under Ohio law.
Page 6 of 7 Upon . 11/06/2008 Rick bamobel 2:22PM COND Stark County Recorder 120080042365 IN WITNESS WHEREOF, the said The hlands ofninium Association has caused
fiduciary investments under Ohio law.
Page 6 of 7 Upon . 11/06/2008 Rick bamobel 2:22PM COND Stark County Recorder 120080042365 IN WITNESS WHEREOF, the said The hlands ofninium Association has caused the execution of this instrument this auth day of , 2008.
THE HIGHLANDS CONDOMINIUM ASSOCIATION D OU GLAS WOON HALL. i its President STATE OF OHIO ) ) Ss COUNTY OF STARK ) BEFORE ME, a Notary Public, in and for said County, personally appeared the above named The Highlands Condominium Association, by Douglas Woodhall, its President, who acknowledged that he did sign the foregoing instrument, on Page 7 of 7, and that the same is the free act and deed of said corporation and the free act and deed of him personally and as such officer.
IN WITNESS WHEREOF, ik have hereunto set my hand and official seal in NOTARY PUBLIC.
<3 KATHLE This instrument prepared by: Notary Pubae preted 3) KAMAN & CUSIMANO, LLC., Attorneys at Law My Commission 2000 Terminal Tower J apires Sept 30, 2012 50 Public Square Cleveland, Ohio 44113 (216) 696-0650 Page 7 of 7