Section 12.1 Amendment by Declarant or Association. Upon thirty (30) days' advance notice to Unit owners, the Declarant may, without a vote of the Unit Owners or approval by the Board, unilaterally adopt, execute, and record a corrective amendment or supplement to the Governing Documents to correct a mathematical mistake, an inconsistency, or a scrivener's error, or clarify an ambiguity in the Governing Documents with respect to an objectively verifiable fact including, without limitation, recalculating the liability for Common Expenses, or the number of votes in the Association appertaining to a Unit, within five (5) years after the recordation or adoption of the Governing Document containing or creating the mistake, inconsistency, error, or ambiguity. Any such amendment or supplement may not materially reduce what the obligations of the Declarant would have been if the mistake, inconsistency, error, or ambiguity had not occurred. Upon thirty (30) days' advance notice to Unit Owners, the Association may, upon a vote of two-thirds (2/3) of the members of the Board, without a vote of the Unit Owners, adopt, execute, and record an amendment to the declaration for the following purposes: (a) to correct or supplement the Governing Documents as provided above; or (b) to remove any language and otherwise amend as necessary to effect the removal of language in direct conflict with the Washington Uniform Common Interest Ownership Act.

 

Section 12.2 Amendments by Unit Owners. Except in cases of amendments that may be executed by the Declarant or the Association pursuant to Section 12.1 or as expressly permitted in accordance with the Washington Uniform Common Interest Ownership Act, this Declaration may be amended only by vote or agreement of Unit Owners of Units to which at least sixty-seven percent (67%) of the votes in the Association are allocated; provided, however, that no such amendment shall be valid during the Declarant Control Period without the prior written consent of the Declarant. Notwithstanding any of the foregoing, the prior written approval of fifty-one percent (51%) of all Mortgagees who have requested from the Association notification of amendments shall be required for any material amendment to the Declaration or the Association's Bylaws of any of the following: voting rights; assessments, assessment liens, and subordination of such liens; reserves for maintenance, repair, and replacement of Common Elements; insurance or fidelity bonds; responsibility for maintenance and repair; reallocation of interest in the Common Elements; leasing of Units other than as set forth herein; imposition of any restrictions on the right of a Unit Owner to sell or transfer his Unit; a decision by the Association to establish self-management when professional management had been required previously by an eligible Mortgagee; any action to terminate the legal status of the Association after substantial destruction or condemnation occurs; or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages. Amendments by the Declarant or Association may change this Declaration in whole or in part and may adopt new covenants and restrictions unrelated to preexisting covenants or restrictions, provided that such amendments are reasonable and not inconsistent with the general plan of the development.

 

Section 12.2 Effective Date & Cross-References. Amendments shall take effect only upon recording in the official real property records of King County, Washington. All amendments must contain a cross-reference by recording number to the Declaration and to any prior amendments to the Declaration. All amendments to the Declaration adding Units must contain a cross-reference by recording number to the Map relating to the added Units and set forth all information required under 64.90.225(1) with respect to added Units.