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John A Donofrio, Summit Fiscal Officer
FIRST AMENDMENT TO
THE DECLARATION AND BY-LAWS OF CONDOMINIUM PROPERTY
FOR
WRENS HOLLOW CONDOMINIUMS
This will certify that copies of this First Amendment, have been filed in the Summit County Fiscal Office, Summit County, Ohio.
Dateb
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,;JL__, 2004,Summit County Fiscal Office:
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This Instrument Prepared by:
Grant M. Yoakum
BUCKrNGHAM, DOOLITTLE & BURROUGHS, LLP 1375 East 9th Street, Suite 1700
Cleveland, Ohio 44114
Approved as to form:
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John A Donofrio, Summit Fiscal Officer CONDO 6 4 ,00
FIRST AMENDMENT TO
THE DECLARATION AND BY-LAWS OF CONDOMINIUM PROPERTY FOR
WRENS HOLLOW CONDOMINIUMS
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THIS FIRST AMENDMENT is made t h i ~ a y of\
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2961, by THE WRENS HOLLOW CONDOMINIUM ASSOCIATION, an Ohio/ non-profit corporation ("Association").RECITALS
A. Wrens Hollow Condominiums ("Condominium") is governed by and subject to the terms and provisions of a Declaration of Condominium Property for Wrens Hollow Condominiums ("Declaration") dated May 20, 1994, and duly recorded on that date as Volume 1679, Page 435 of the Official Records of Summit County, Ohio and the By-Laws attached hereto as Exhibit D ("By- Laws").
B. On July 8, 2003, pursuant to Section 23.2, of the Declaration, Unit Owners exercising not less than seventy-five percent (75%) of the voting power of all the Unit Owners, voted to amend the Declaration and By-Laws by causing to be recorded this First Amendment for the purpose of allowing the installation of satellite television dishes, changing certain notice requirements, and changing the date for the annual meeting of the Association.
NOW, THEREFORE, the Association for itself and as attorney-in-fact for the Unit Owners and their mortgagees, and for the purposes set forth hereinabove, hereby declares as follows:
I. INCORPORATION OF RECITALS. The recitals contained above are incorporated herein by this reference.
2. AMENDMENT TO DECLARATION. The Declaration is hereby amended as follows:
A. Section 8. l(L) 1s hereby deleted in its entirety and replaced with the following:
8.1 (L) No Unit Owner or Occupant shall cause or permit anything to be hung or displayed on the outside or inside of windows, or placed on the outside walls of buildings, and no sign, awning, canopy, shutter, antenna or the like shall be affixed to or placed upon any Condominium Property without the prior consent of the Board. Additionally, satellite television dishes and other related hardware may be no larger than an eighteen inch round or eighteen inch by twenty inch oval unit which must be professionally installed based on plans previously submitted to and approved by the Board. The specific location of the satellite dish or antenna shall be in the sole and absolute discretion of the Board and be placed so as to minimize the
affect upon and visibility from other Units. If the Board approves the installation of a satellite dish or antenna on a Unit or other Condominium Property, such as the roofs or walls of a Building, the applying Unit Owner must sign an indemnification agreement in a form acceptable to the Board in which the Owner agrees to indemnify, defend and hold harmless the Association from any personal injury or property damage, including water damage, which results in the installation of the satellite antenna or dish. All liability for such personal injury or damage from such installation will be the sole and exclusive responsibility of the applying Unit Owner.
B. Section 23.5 is hereby deleted in its entirety and replaced with the following:
The secretary of the Association shall deliver a copy of the Amendment to the Declaration to the holder of the first mortgage, if any, on each Unit.
3. AMENDMENT TO BY-LAWS. The By-Laws are amended as follows:
A. The second sentence of Section 3.3 is hereby deleted in its entirety and replaced with the following:
The Annual Meeting of the Association shall be held during the month of September on a date selected by the Board.
4. OTHER PROVISIONS REMAIN IN FULL FORCE AND EFFECT. Except as hereinabove amended and supplemented, all of the provisions of, and Exhibits to, the Declaration and By-Laws shall be and remain in full force and effect.
IN WffliES,S WHEREOF, the undersigned has executed this instrument this 7.-Z... day of
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for itself and on behalf of the Association and the Unit Owners of Wrens Hollow Condominiums and their respective mortgagees.THE WRENS HOLLOW CONDOMINIUM ASSOCIATION By----'--'-{lg,µ_X~~"-'IH'l-+'-"'d~W _ _ _
Paul H ~ ; Treasurer
STATE OF OHIO )
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SUMMIT COUNTY )
BEFORE ME, a notary public in and for said county and state, personally appeared the above-named THE WRENS HOLLOW CONDOMINIUM ASSOCIATION, by Paul ..._, JIB(f~aE~~t~Treasurer, who acknowledged that he did sign the foregoing instrument and that the
~~ ';Thi'§ rr"i:e act and deed on behalf of the Association .
. \ IN TESTIMONY WHEREOF, Il\,l;iave hereunto set my hand and
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Ohio, thi&ci.,_ day o~,..2003:~CO'-/
official seal atNotary Public
STATE OF OHIO ) ) SS:
SUMMIT COUNTY )
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BEFORE ME, a notary public in and for said county and state, personally appeared the above-named THE WRENS HOLLOW CONDOMINIUM ASSOCIATION, by Louise
~.!!,1e~f~ .S~retary, who acknowledged that she did sign the foregoing instrument and that the sameTh'Tiei-'fr~e act and deed on behalf of the Association .
. ~ TESTIMONY WHEREOF, Ir--Jl.aye hereunto, set my hand and official seal at
~ _ \ .._, , Ohio, t h i ~ day o ~ ,
.2003.&od(
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Notary Public
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John A Donofrio, Summit Fiscal Officer
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STATE OF OHIO ) )SS SUMMIT COUNTY)
BEFORE ME a notary public in and for said county and state, personally appeared the above-named THE WRENS HOLLOW CONDOMINIUM ASSOCIATION by Paul Hoffinan, its Treasurer, who acknowledged that he did sign the foregoing instrument and that the same is his free act and deed on behalf of the Association and of the Unit Owners of Wrens Hollow Condominiums and their respective mortgagees, for the uses and purposes therein set forth.
~ IN TESTIMONY WHEREOF, I 4a.vx hereunto set my hand and official
::S c,l '--.J ,
Ohio t h i ~ day of\'\\H\._~
,2003~0:.1'-f\ \ 9
This Instrwnent Prepared by Grant M. Yoakum
BUCKINGHAM, DOOLITTLE & BURROUGHS, LLP 1375 East 9th Street, Suite 1700
Cleveland, Ohio 44114
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Notary Public
FIWICII McCabe, Notary SlllaofOhlo
seal at
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11111111111111111111111111111111111111111111111 Donofr10, Summ1t Fiscal Officer CONDO~~i~z~~:A
64.00CERTIFICATE OF FIRST AMENDMENT TO
DECLARATION OF CONDOMINIUM OWNERSHIP AND BY-LAWS OF WRENS HOLLOW CONDOMINIUMS
Paul Hoffinan, Treasurer and Louise Ditchey, Secretary of THE WRENS HOLLOW CONDOMINIUM ASSOCIATION ("Association"), do hereby certify as follows:
I. On July 8, 2003, a special ballot was distributed to the Members of the Association to authorize and adopt the First Amendment to the Declaration of Condominium Ownership of Wrens Hollow Condominiums and to reflect the intention of the members and the Association to approve these changes.
2. More than seventy-five percent (75%) of the voting power of the Association voted to amend the Declaration to reflect the intentions of the Members and the Association.
3. A copy of the First Amendment is attached hereto as Exhibit A and is incorporated herein by this reference.
4. A copy of the First Amendment has been mailed by certified mail to all mortgagees having a bona fide lien of record against a Unit and which mortgagees have consented to the First Amendment.
Paul Hoffinan, Treasurer and Louise Ditchey, Secretary of THE WRENS HOLLOW CONDOMINIUM ASSOCIATION, acwi,g for and on behalf of said Association, have hereunto subscribed their names thisa8,_ day of ~,.2IXB:..:)ca
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THE WRENS HOLLOW CONDOMINIUM ASSOCIATION
By:____.,__.,~ ... tl.,._..,V /}~1L,H-.JJ.. _,_,,_7, (l/l'V'""::::'--_ _ _
Paul H o ~ s Treasurer