General Document: Certificate of Amendment to
Condominium
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General Document: Certificate of Amendment to
Condominium |
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WHEREAS, pursuant to a Declaration of Condominium for Point Pleasant Villas Stage I dated April 1, 1974, Declaration of Condominium for Point Pleasant Villas Stage IIA dated December 14, 1974, Declaration of Condominium for Point Pleasant Villas Stage IIB dated June 23, 1977, Declaration of Condominium for Point Pleasant Villas Stage IIC dated December 1, 1977, Declaration of Condominium for Point Pleasant Villas Stage IID dated June 26, 1978 and Declaration of Condominium for Point Pleasant Villas Stage IIIA dated May 29, 1979, as combined into one unified condominium pursuant to the Amended and Reinstated Declaration of Condominium Ownership dated December 15, 1979 (hereinafter collectively, the “Declarations”), certain By-Laws were enacted in accordance with the provision and in furtherance of the purposes thereof; and, WHEREAS, at a meeting of the unit owners held on the_____day of__________, 200___, in accordance with the By-Laws after proper notice, at which meeting a quorum was present and at which meeting there was present in person or by proxy in excess of sixty-six and two-thirds percent 66 ˝%) in number and in common interest of the unit owners, the following revisions, amendments and supplements to the By-laws were discussed and such revisions, amendments and supplements were approved as required by such By-Laws, whereby the Second Amended and Restated By-Laws of Point Pleasant Villas Condominium Association as Recorded April 21, 1981 in Book 221, page 380, no. 302(a), as amended by Certificate of Amendment to Condominium By-Laws of Point Pleasant Villas Condominium Owners Association as recorded April 28, 2000 as document no. 2071, are hereby amended as follows: RESOLVED, that Article VII, Section 14 is hereby amended to include the following supplemental sentence at the end of the existing paragraph as follows: Notwithstanding and in addition to the foregoing,
if the violation of a Rule or Regulation causes harm to the Association,
other units, other unit owners or third parties, the violator shall be liable to the
Association and/or such other unit owner for any such damages, and shall indemnify and hold harmless the Association
for any such damages or costs they are required to pay as a result thereof, whether outright
or to CERTIFICATE OF AMENDMENT TO CONDOMINIUM BY-LAWS OF WHEREAS, pursuant to a Declaration of Condominium for Point Pleasant Villas Stage I dated April 1, 1974, declaration of Condominium for Point Pleasant Villas Stage IIA dated December 14, 1974, Declaration of Condominium for Point Pleasant Villas Stage IIB dated June 23, 1977, Declaration of Condominium for Point Pleasant Villas Stage IIC dated December 1, 1977, Declaration of Condominium for Point Pleasant villas Stage IID dated June 26, 1978, and Declaration of Condominium for Point Pleasant Villas Stage IIIA dated May 29, 1979, as combined into one unified condominium pursuant to the Amended and Reinstated Declaration of Condominium Ownership dated December 15, 1979 (hereinafter collectively, the “Declarations”), certain By-Laws were enacted in accordance with the provision and in furtherance of the purposes thereof; and, WHEREAS, at a meeting of the unit owners held on October 23, 1999, in accordance with the By-laws after proper notice, at which meeting a quorum was present and at which meeting there was present in person or by proxy in excess of sixty-six and two-thirds percent (66 2/3%) in number and in common interest of the unit owners, the following revisions, amendments and supplements to the By-Laws were discussed and such revisions, amendments and supplements were approved as required by such By-Laws, whereby the Second Amended and Restated By-Laws of Point Pleasant Villas Condominium Association as Recorded April 21, 1981 in Book 221, page 380, no. 302(a) are hereby amended as follows: RESOLVED, that Article IV, Section 2, subparagraph (h) is hereby amended to read as follows: Purchasing of units at foreclosure or other judicial sales in the name of the Board of Directors or its designee, corporate or otherwise, on behalf of all unit owners, including, but not limited to, the bidding in of any judgment previously obtained against the Unit Owner in order to effect such purchase. RESOLVED THAT Article IV, Section II, is hereby amended to include the following supplemental subparagraphs (m) and (n): (m)
(n)
RESOLVED that Article VII, Section 5 entitled “Foreclosure of Liens for Unpaid Common Charges” is hereby amended to read as follows: In any action brought by the Board of Directors to foreclose a lien on a Unit because of unpaid Assessments, the Unit Owner shall be required to pay a reasonable rental for the use of his Unit and the Plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same, along with all accruing utility charges. The Board, acting on behalf of all Unit Owners, shall have the power to purchase such Unit at the foreclosure sale, to bid in any judgment previously obtained against the Unit owner at the foreclosure sale, and to acquire, hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same. A suit to recover a money judgment for unpaid common charges shall be maintainable without foreclosing or waiving the lien securing the same. RESOLVED that Article VII, Section 4, entitled “Default in Payment of Common Charges”, is hereby amended to include the following supplemental paragraph to the bottom of said Section: Effective immediately, if a unit owner is delinquent in the payment of their common charges for a period of sixty (60) days or more, the Board of Directors shall upon thirty (30) days written notice, sent in accordance with Article XIV, Section I, suspend all normal services, including, but not limited to, the supply of utilities and/or water, to that unit until such time as all outstanding common charges due and owing on said unit have been paid in full, including interest, expenses, and attorneys fees, as applicable. IN WITNESS WHEREOF, the President and Secretary of the Association have caused their names to be signed to these presents this _____ day of October 1999. POINT PLEASANT VILLAS CONDOMINIUM ASSOCIATION By __________________________ President
Attest
_______________________ Secretary TERRITORY OF THE VIRGIN ISLANDS ) DIVISION OF ST. THOMAS AND ST. JOHN ) ss: The foregoing instrument was signed and subscribed before me by ______________________, as President of Point Pleasant Villas Condominium Association. ____________________________ Notary Public
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