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5.14 Easements Deemed Created: All conveyances of portions of the Property (including Lots) hereafter made, whether by the Declarant or otherwise, shall e construed to grant and reserve the easements contained this Article 5, even though no specific reference to such easements or to this Article 5 appears in the instrument of such conveyance.
6.1 Amendment: Subject to the provisions of section 6.2, any amendment to this Declaraton that would terminate the Declaration shall require the affirmative vote or written consent of the members to whom at least 75% of the votes in the Association are allocated and, during the Period of Declarant control, the written approval of Declarant. Further, any termination of this Declaration and the planned community created hereby, must be in accordance with C.R.S. § 38-33.3-21E. Except as provided in the foregoing, and subject to section 6.2, this Declaration may be amended by the affirmative vote or written consent of the members to whom at least 67% of the votes in the Association are allocated and, during the Period of Declarant Control, with the written approval of Declarant. Notwithstanding the foregoing, until such time as Declarant has sold and conveyed all Lots in the Property to owners or Developers any amendment or termination of this Declaration shall not be mace or effective without the affirmative vote or written consent of the members to whom at least 90% of the votes in the Association are allocated and, during the Period of Declarant control, the written approval of Declarant.
6.1.1 An amendment to this Declaration shall be effective only upon the occurrence of all of the following events:
6.1.1.1 The amendment shall have been reduced to a writing, which writing shall have been approved (by an affirmative vote or written consent) by the applicable required percentage of members and, if applicable, Declarant and the First Mortgagees;
6.1.1.2 A written certificate, executed and acknowledged by the president or any vice president of the Association, shall be attached to the written amendment which shall state that such amendment was approved by the applicable required percentage of members, Declarant and by all First Mortgagees, if any, who are required to approve such amendment pursuant to section 6.2; and
6.1.1.3 The approved written amendment described in section 6.1.1.1, and including the certificate described in section 6.1.1.2 shall be Recorded in the Records.
6.1.2 It will be a presumption subsequent to the Recording of an Amendment to this Declaration pursuant to section 6.1.1.2 that all votes and consents required to pass the same pursuant to this Declaration were duly obtained (at a duly-called meeting of the Association, in the case of votes). Such presumption may be rebutted by an action commenced within one year from the date the amendment is Recorded; in the absence of any such action, such presumption shall thereafter become conclusive.
6.1.3 Except to the extent expressly permitted or required by the Act, no amendment made to this Declaration may create or increase Special Declarant Rights, increase the number of Lots, or change the boundaries of any Lot or the allocated interests of a Lot, or the uses to which any Lot is restricted, in the absence of unanimous consent of the Owners.
6.2 First Mortgagee Approval: Except to the extent otherwise provided herein, the prior written consent of at least a majority (i.e., more [continued next page]
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