Book: 5J21 Page: 3970
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ARTICLEV CHANGES, AMENDMENT AND TERMINATION
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Sestion 5.1. D(!?veloper Chages wand Amend!)lents. Subjec.t to approval of the governmental agencies with jurisdiction over the subject area, the Developer hereby reserves for itself, its successors and assigns the right to amend, modify or rescind such p.-arts of this Declaration or any recorded plat as it, in its sole discretion, deems necessary or desirable so long as: (a) it is the sole owner of the property to which the plat or this Declaration (whichever ~is appropriate) applies; or (b) such amendment or modification does not substantially change th • e character, nature, or general scheme of development of the Subdivision. Subject to approvat of the governmental agencies with jurisdiction over the subject are<½ Any amendment to the Covenants and Restrictions which alter any provision relating to the surface water or stortnwater management system, beyond maintenance in its original condition, including the water manage1nent pc>rtions of the common areas, must have the prior written approval of the Saint Johns River Wate1~ Management District. Developer also reserves the follolving rights to amend, change or vary -with respect to Subdivision units and phases: (a) the right to add more phase or units to the Venetian Bay Community; (b) the iight in future phases a.t1d units to vary the mix and location of housing typ<~s as dictated by market conditions; and (c) the right to provide in future units and phases only those amenities as are shown on the recorded plats for such future units or phases. Neither the foregoing amendments nor Developer's exercise of the foregoing rights require the concurrence of arl)' of the Associations or individual o""11ers of Lots or Dwelling Units. Section 5.2~_0,vner's ~ght To Amend. In addition to the rights oi: the Developer reserved in the preceding section, subject to the approval of the governmental agencies with jurisdiction over the subject area and upon affirmative vote by seventy-five percent (75%) c•f all members of record in the Ovmers Association, on a proper Resolution at a proper Owners Association meeting, the members of Owners Association may amend or modify such provisions of· this Declaration as they deem necessary or desirable, expect that (a) provisions relating to the righ.ts, powers and duties of the O'Wners Association or the Committee may not be amended until 1~ontrol of the Board of Directors of the 0-wners Association has been turned over to the Members; and (b) the owners cannot amend the Declaration in a manner which conflicts with or is inconsistent with the Development Orders issued by the City of New Smyrna Beach or jls inconsistent with the requirements of St. Jolms River Water Management District contained in tltis Declaration.
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