12.1 Amendments by Declarant  Prior to the Transition Date, Declarant may amend this Declaration by an instrument in writing filed and recorded in the Records of King County, Washington, without the approval of any Owner or Mortgagee, provided, however, that (a) in the event that such amendment materially alters or changes any Owner's right to the use and enjoyment of his Lot or the Common Areas as set forth in this Declaration, or adversely affects the title to any Lot, such amendment shall be valid only upon the written consent thereto by a majority in number of the then existing Owners affected thereby, or (b) in the event that such amendment would materially and adversely affect the security, title and interest of any Mortgagee, such amendment shall be valid only upon the written consent thereof of all such Mortgagees so affected.

 

Each Owner, by acceptance of a deed or other conveyance of a Lot, agrees to be bound by such amendments as are permitted by this Section 12.1 and further agrees that, if requested to do by Declarant, such Owner will consent to the amendment of this Declaration or any other instruments relating to the Property, (i) if such amendment is necessary to bring any provision hereof or thereof into compliance or conformity with the provisions of any applicable governmental statute, rule or regulation or any judicial determination which shall be in conflict therewith, (ii) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to any Lot(s) subject to this Declaration, (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, without limitation, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on any Lot or other improvements subject to this Declaration, or (iv) if any such amendment is necessary to enable any governmental agency or reputable private insurance company to insure Mortgages on the Lots or other improvements subject to this Declaration.

 

12.2 Amendments by Association  Any Owner may propose amendments to this Declaration to the Board  A majority of the members of the Board may cause a proposed amendment to be submitted to the members of the Association for their consideration If an amendment is proposed by Owners of twenty percent (20%) or more of the Lots, then, irrespective of whether the Board concurs in the proposed amendment, it shall be submitted to the members of the Association for their consideration at their next regular or special meeting for which timely notice may be given Notice of a meeting at which an amendment is to be considered shall include the text of the proposed amendment Amendments may be adopted at a meeting of the Association or by written consent of the requisite number of person entitled to vote, after notice has been given to all persons entitled to receive notice of a meeting of the Association The unanimous consent of all Owners shall be required for adoption of either (1) an amendment changing the voting power or portion of assessments appurtenant to each Lot, or (2) an amendment of Section or of this Article 12 All other amendments shall be adopted if approved by seventy percent (70%) of the Lot Owners Once an amendment has been adopted by the Association, the amendment will become effective when a certificate of the amendment, executed by a member of the Board, has been recorded in the real property records of King County, Washington.

 

 

Any alteration of Section 4.14.2 or 7.2.3 shall be contingent upon obtaining a plat alteration from the City of Kent.