exist among or between Unit Owners, the Association, the Declarant, or combination
<br />thereof. Rather, the Unit Owner shall timely pay all assessments pending resolution of any
<br />dispute.
<br />14.6 Installment Payment. Except for items such as insurance premiums which
<br />must be prepaid, assessments shall be paid in advance, in the form of a monthly
<br />maintenance fee determined by a budget of Common Expenses prepared by the Board,
<br />which budget shall include a reserve fund for capital improvements, repairs, and
<br />extraordinary maintenance and replacement items. Special assessments for items not
<br />provided for in the budget shall be paid at such time or times, in a lump sum, or in such
<br />installments, as the Board may determine.
<br />14.7 Negligence of Unit Owner. If, due to the negligent or intentional act or
<br />omission of a Unit Owner, or a member of a Unit Owner's family or household pet, or of or
<br />to a guest or other authorized occupant or visitor of such Unit Owner, damage shall be
<br />caused to the Common Elements or to a Unit or Units owned by others, or maintenance,
<br />repairs or replacements shall be required which would otherwise be a Common Expense,
<br />then such Unit Owner shall pay for such damage and such maintenance, repairs and
<br />replacements as may be determined by the Board, subject to the rules, regulations and
<br />By -Laws of the Association.
<br />ARTICLE XV
<br />AMENDMENTS
<br />Except as otherwise provided herein, this Declaration may only be amended with
<br />the written consent of at least two-thirds of the aggregate of the votes established and set
<br />forth in Section 8.3 hereof; provided, however, no such amendment may substantially
<br />impair the security of any mortgagee. A Unit Owner's written consent is not effective
<br />unless it is approved in writing by the first mortgagee of the Unit, or the holder of an
<br />equivalent security interest, if any. Approval from the first mortgage lender, or equivalent
<br />security holder, or the person servicing the first mortgage loan or its equivalent, on a Unit,
<br />constitutes approval of the first mortgagee or equivalent security interest holder, for
<br />purposes hereof. No amendment to this Declaration shall be effective until an instrument
<br />containing the amendment and stating that the required consents and approvals were duly
<br />obtained and received, signed on behalf of the Association, and duly acknowledged or
<br />authenticated, is recorded with the Dane County Register of Deeds Office as required by
<br />statute. In addition to the foregoing described procedure for amending this Declaration,
<br />this Declaration may also be amended by the Association, pursuant to the alternative
<br />amendment procedure contained in Section 703.093 of the Act. Notwithstanding anything
<br />else stated in this Declaration, the Declarant reserves the right, in the use of the
<br />Declarant's sole discretion, to amend this Declaration and the Condominium Plat, without
<br />the consent of any Unit Owner, the mortgagee or land contract vendor of any Unit, or the
<br />Association, for the sole purpose of documenting any changes in the Condominium or any
<br />Units, Common Elements or Limited Common Elements as actually constructed, from that
<br />described in this Declaration and in the Condominium Plat. To the extent the consent of
<br />any such party is required by law or otherwise, all such parties, by accepting title to a Unit
<br />2-24
<br />
|