ee 202501 060000283 F:$ jane Waters Cc One Stark County Recorder AMENDMENT TO THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR THE HIGHLANDS CONDOMINIUM PLEASE CROSS MARGINAL REFERENCE WITH THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR THE HIGHLANDS CONDOMINIUM RECORDED AT INSTRUMENT NUMBER 2000060974 OF THE STARK COUNTY RECORDS.
THIS WILL CERTIFY THAT COPIES OF THIS AMENDMENT TO THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR THE HIGHLANDS CONDOMINIUM HAVE BEEN FILED IN THE OFFICE OF THE COUNTY AUDITOR, STARK COUNTY, OHIO DATE: IE VAS STARK COUNTY AUDITOR BY: AUDITO COND AMENDMENT TO THE DEC TION OF CONDOMINI WNERSHIP FOR THE HIGHLANDS CONDOMINIUM RECITALS A. The Declaration of Condominium Ownership for The Highlands Condominium (the “Declaration”) was recorded at Stark County Records, Instrument Number 2000060974.
B. The Highlands Condominium Association (the “Association”) is a corporation consisting of all Unit Owners in Highlands Condominium and as such is the representative of all Unit Owners.
C. Declaration Article XVI authorizes amendments to the Declaration.
D. Unit Owners representing at least 75 percent of the Association’s current voting power, based on ownership interests have executed instruments in writing setting forth specifically the matter to be modified (the “Amendment”).
E. As of November 19, 2024, Unit Owners representing 77.77 percent of the Association’s voting power have signed and delivered to the Association written consents, along with powers of attorney, in favor of the Amendment and authorizing the Association’s officers to execute the Amendment on their behalf.
F. Attached as Exhibit A is an Affidavit of the Association’s President stating
attorney, in favor of the Amendment and authorizing the Association’s officers to execute the Amendment on their behalf.
F. Attached as Exhibit A is an Affidavit of the Association’s President stating that copies of the Amendment will be mailed by certified mail to all Unit Owners and all first mortgagees having bone fide liens against any Unit ownership on the records of the Association once the Amendment is recorded with the Stark County Recorder’s Office.
G. Attached as Exhibit B a certification of the Association’s Secretary as to the consenting mortgagees, on the records of the Association, to the Amendment.
H. The Association has complied with the proceedings necessary to amend the Declaration, as required by Chapter 5311 of the Ohio Revised Code and the Declaration in all material respects.
Page 2 of 7 AMENDMENT The Declaration of Condominium Ownership for The Highlands Condominium is amended by the following: INSERT TWO new SENTENCES to the end of DECLARATION ARTICLE IX, SECTION 3, PARAGRAPH B entitled, “Responsibility of the Association.” Said new addition to the Declaration is: Notwithstanding the foregoing, the Association is not responsible for the maintenance, repair, or replacement of the concrete driveways serving the Units, the concrete walkways that lead to the front door of each Unit, or concrete step(s) serving the Unit. However, the Association is responsible for providing reasonable snow removal from the concrete driveways, the concrete walkways, and concrete step(s) serving the Unit.
INSERT a new SUBPARAGRAPH (xiv) to DECLARATION ARTICLE IX, SECTION 3, PARAGRAPH C entitled, “Responsibility of Unit Owner.” Said new addition to the Declaration is:
concrete step(s) serving the Unit.
INSERT a new SUBPARAGRAPH (xiv) to DECLARATION ARTICLE IX, SECTION 3, PARAGRAPH C entitled, “Responsibility of Unit Owner.” Said new addition to the Declaration is: (xiv) to maintain, repair, and replace the concrete driveways that serve their Unit, concrete walkways that lead to the front door of the Unit, and the exterior concrete steps that serve their Unit. Ifa concrete driveway is located in front of a condominium building that is comprised of two attached Units, each Unit is responsible for maintaining, repairing, and replacing the half of the driveway that serves their Unit. If there are disputes or disagreements between Unit Owners regarding whether a portion(s) of the driveway serves a particular Unit, the disputing Unit Owner may submit their dispute in writing to the Board, and the Board will make a final determination as to responsibility for the portion(s) of the driveway in question. Notwithstanding the foregoing, the Unit Owner is not responsible for providing snow removal services for the concrete driveways, concrete walkways, or concrete step(s) serving the Unit.
Any conflict between these provisions and any other provisions of the Declaration and Bylaws will be interpreted in favor of this amendment making the Unit Owners responsible for the concrete driveways, walkways, and steps serving the Unit and the Association responsible for snow removal from those areas. The invalidity of Page 3 of 7 any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Unit Owners of record at the time of the filing have standing to
ir or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Unit Owners of record at the time of the filing have standing to contest the validity of this amendment, whether on procedural, substantive, or any other grounds. Any challenge to the validity of this amendment must be brought in the court of common pleas within one year of the recording of this amendment.
The Highlands Condominium Association has caused the execution of this THE HIGHLANDS CONDOMINIUM ASSOCIATION REX ASPENWALL, President By: NG LO, Secretary Page 4 of 7 STATE OF OHIO ) ) COUNTY OF _ Stack ) BEFORE ME, a Notary Public, in and for the County, personally appeared the above-named The Highlands Condominium Association, by its President and its Secretary, who acknowledged that they did sign the foregoing instrument, on Page 4 of 7, and that the same is the free act and deed of the corporation and the free act and deed of each of them personally and as such officers.
x~ : 20_24.
SS Pamela Papadelis Notary Public, State of Ohio GAapEND Ss My Commission Expires (3-21-2027 This instrument prepared by: KAMAN & CUSIMANO, LLC Attorneys at Law 2000 Terminal Tower 50 Public Square Cleveland, Ohio 44113 (216) 696-0650 ohiocondolaw.com Page 5 of 7 EXHIBIT A AFFIDAVIT STATE OF OHIO ) REX ASPENWALL, being first duly sworn, states as follows: SS 1. He is the duly elected and acting President of The Highlands Condominium Association.
IBIT A AFFIDAVIT STATE OF OHIO ) REX ASPENWALL, being first duly sworn, states as follows: SS 1. He is the duly elected and acting President of The Highlands Condominium Association.
2. He will cause copies of the Amendment to the Declaration to be mailed by certified mail to all Unit Owners and all first mortgagees having bona fide liens of record against any Unit ownership of whose mortgage interests notice had been given to the Association once the Amendment is recorded with the Stark County Recorder’s Office.
PENWALL, President BEFORE ME, a Notary Public, in and for the County, personally appeared the above-named REX ASPENWALL who acknowledges that he did sign the foregoing instrument and that the same is his free act and deed.
I have set my hand and official seal this QAO ‘hay of \d2cem ber ; 20_aY Place notary stamp/seal here: NOTARY PUBLIC Page 6 of 7 COND | 202501060000283 | Recorded in STARK COUNTY, OH 01/06/2025 09:11 AM EXHIBIT B CERTIFICATION OF SECRETARY LOUIS KIN-SHING LO, the duly elected and acting Secretary of The Highlands Condominium Association, certifies there are no, first mortgagees of record on file with the Association as no holders, insurers or guarantors of a first mortgage on a Unit have given the Association a written request to receive notice of certain actions or amendments and so none have consented to the Amendment.
LOUIS KIN-SHING LO, Secretary STATE OF OHIO ) ) COUNTY OF Sieic_) BEFORE ME, a Notary Public in and for the County, personally appeared the above-named LOUIS KIN-SHING LO who acknowledged that he did sign the foregoing instrument and that the same is his free act and deed.
Ss fh I have set my hand and official seal this RAO day of Decembur Fok bt NOTARY PUBLIC 20 Place notary stamp/seal here:
did sign the foregoing instrument and that the same is his free act and deed.
Ss fh I have set my hand and official seal this RAO day of Decembur Fok bt NOTARY PUBLIC 20 Place notary stamp/seal here: Notary Public, State of Ohio ame, © My Commission Expires 03-21-2027 Page 7 of 7