Amendments by Association Sample Clauses

Amendments by Association. Amendments to these Covenants, other than those authorized by Section 10.02 above, shall be proposed and adopted by the Association in the following manner: (a) At any annual or special meeting of the members of the Association, upon proper notice an amendment to these Covenants may be proposed by either the Board of the Association or by any Owners present in person at such meeting. Any such proposed amendment must be approved by the Owners holding at least seventy five percent (75%) of the total votes in the Association; provided, however, that (i) for so long as Developer owns a Lot within the Property, or until such earlier date as Developer elects in Developer’s sole discretion, Developer must approve such proposed amendment, and (ii) to the extent the proposed amendment affects any of the matters described in Section 10.04 below, then the provisions of Section 10.04 below shall be applicable to such proposed amendment. (b) Any and all amendments which have been approved in accordance with the provisions of Section 10.03(a) above shall be executed by all parties whose consent to the same is required, including the Owners holding at least seventy five percent (75%) of the total votes in the Association; provided, however, that in the alternative, the sworn statement of the President of the Association stating unequivocally that the agreement of the requisite number of Owners was 1awfully obtained may be attached to and incorporated into such amendment without obtaining the signatures of all Owners or Mortgagees. Any such amendment shall be effective upon recording of the same in the Probate Office of St. Clair County, Alabama.