TOWN HALL MEETING WITH DAVID CANE
OCTOBER 30, 2018 @ 7:30 P.M.
PIV III CLUBHOUSE
TO DISCUSS THE FOLLOWING AMENDMENT TO CC&RS
PACIFIC ISLAND VILLAGE III HOMEOWNERS ASSOCIATION
PROPOSED AMENDMENT TO ARTICLE XIV OF THE CC&RS
(The proposed sentence to be added appears below in bold italic)
XIV. Amendments
The provisions of this declaration may be amended from time to time by action of three-quarters (3/4) of the owners of dwelling units in the community, provided that no amendment shall be made except by action of the owners of all of such dwelling units which will add to the purposes for which maintenance funds may be used by the Board of governors or for which special assessments may be levied against owners, and provided further that no amendment shall be effective so long as the community, or any part thereof, lies outside the boundaries of incorporated city, unless the same be approved in writing by the Director of Building and Safety of the County of Orange of his delegate whose action shall be governed by whether the declaration, after such amendment, will continue to contain adequate provision for preservation and maintenance of all improvements and physical facilities such as landscaping, walls, fencing, buildings, hydrants, utility facilities, parking areas, flood lights, drainage facilities and recreational facilities within the common area, and whether the amendment is consistent with the conditions of the conditional permit relating to Tract No. 5573 (File No. PC1363, Orange County Planning Department) and the plan upon which such conditional permit is based. With respect to each dwelling unit which is subject to the lien of a recorded mortgage or deed of trust, the approval of an amendment by the owner of such dwelling unit shall be deemed ineffective unless the holder or holders of such mortgage or deed of trust, as the same shall appear of record, shall have consented thereto. Any such holder of a mortgage or deed of trust who receives a written request delivered by certified or registered mail, with a “return receipt” requested, to consent to or approve an amendment, or amendments, under this Article XIV who does not submit a written negative response to the requesting party within sixty (60) days after such receipt shall have deemed to have consented to or approved such request. The recording of an instrument (including counterparts thereof) signed by the requisite number of owners, and containing the written consents of holders of mortgages and deeds of trust and the written approval of said Director of Building and Safety or his delegate, where required, and stating the manner in which the declaration is to be amended, shall effect such amendment.