FIRST AMENDMENT TO THE BY-LAWS OF THE __________________ CONDOMINIUM BY-LAWS THIS FIRST AMENDMENT TO THE BY LAWS OF THE __________________ CONDOMINIUM (the “Amendment”) is made as of this _____ day of ______________ 2007, pursuant to the District of Columbia Condominium Act of 1976 and Technical and Clarifying Amendment Act of 1992, as amended (the “Act”) by __________________ (the “Unit #__ Owner”), __________________ (Declarant), and __________________ (the “Unit #__ Owner” and collectively the “Unit Owners”). Whereas, the Declarant submitted the property described on Exhibit A to a condominium regime known as THE __________________ CONDOMINIUM (the “Condominium”) in accordance with the Act by the recording of the Declaration on __________________, as Instrument No. __________________ (“Declaration”) in the land records of the District of Columbia along with the Bylaws relating thereto also recorded on __________________ as Instrument No. __________________, and the Plats and Plans of Condominium Subdivision which were recorded in the Office of the Surveyor for the District of Columbia at Condominium Book __________________ , at Page ____ . Whereas, the Unit Owners wish to record this Amendment in order to permit the penthouse Unit Owners of the Condominium to make improvements to the roof. Whereas, the Declarant is no longer the sole owner of all the units at the Condominium. Now, Therefore, the Unit Owners hereby adopt this Amendment to the Condominium Bylaws, which shall be recorded in the land records of the District of Columbia; 1. The foregoing recitals are incorporated herein as if fully set forth in the body of this Amendment. The sentence of Paragraph _____ is deleted in its entirety and replaced with the following:
2.
“No Unit Owner shall make any structural addition, structural alteration or structural improvement in or to his Unit or any change which might affect the Common Elements (including without limitation the electrical and plumbing systems which constitute part of the Common Elements) without the prior written consent of the __________________ Condominium Association (the “Association”), provided that the penthouse unit owners may, at their sole expense, pursuant to all applicable laws and zoning ordinances, and with the express written consent of the Association, make such improvements to include a roof-top deck and skylights. The roof-top decks shall be designated as Limited Common Elements on the Condominium Plats and Plans which are recorded in the Surveyor’s Office of the District of Columbia. These Limited Common Elements shall be for the exclusive use of the penthouse unit owners, although limited to the extent that there is reasonable access for repairs and maintenance. Absent ratification of this Amendment by the Unit Owners, or express written
consent of the Association prior to making said improvement, the Bylaws, and not the Purchase Agreement, controls.” 3. Except as expressly amended by the terms of this Amendment, all the terms and provisions of the By Laws shall remain in full force and effect, and shall not be deemed modified, altered, or otherwise affected by this Amendment. SIGNATURES ON NEXT PAGE
In Witness Whereof, on this ____ day of____________, 2007, the Unit Owners have caused this document to be executed. ________________________________ __________________, Unit #___ Owner
________________________________ __________________, Declarant
________________________________ __________________, Unit #___ Owner
___________________________, ss This instrument was acknowledged before me on this _____ day of _________________, 2007 by __________________, Unit #___ Owner.
__________________________ Notary Public
SEAL My Commission Expires
This instrument was acknowledged before me on this _____ day of_________________, 2007 by __________________, Declarant.
__________________________ Notary Public
SEAL My Commission Expires
This instrument was acknowledged before me on this _____ day of_________________, 2007 by __________________, Unit #___ Owner.
__________________________ Notary Public
SEAL My Commission Expires