Page 49 - 018 Mutiny Bay - CCRs Second Amended Restated 2012 0605 REDUCED[2188]_Neat

Common Elements, for the purpose of accommodating any encroachment due to engineering
errors, or errors in original construction, reconstruction, repair of any portion of the Building, or
any other similar cause, and any encroaclunent due to building overhanging or projection. There
shall be valid easements for the maintenance of said encroaclunents so long as they shall exist,
and the rights, and obligations of Owners shall not be altered in any way by said encroachment;
provided, however, that in no event shall a valid easement for encroachment be created in favor
of an Owner or Owners if said encroachment occurred due to the willful act or acts with full
knowledge of said Owner or Owners. In the event a Unit or Common or Limited Common
Element is partially or totally destroyed, and then repaired or rebuilt, the Owners agree that minor
encroaclU11ents over adjoining Units and Common and Limited Common Elements shall be
permitted, and that there shall be valid easements for maintenance of said encroachments so long
as they shall exist. The foregoing encroaclU11ents shall not be construed to be encumbrances
affecting the marketability of title to any Unit. The provisions of this Section 19.4 are intended
to supplement Article 4 and RCW 64.34.252 and, in the event of any conflict, the provisions of
Article 4 and RCW 64.34.252 shall control.

ARTICLE 20. PROCEDURES FOR SUBDIVIDING OR COMBINING

Subdivision and/or combining of any Unit or Units, is authorized as follows:

20.1 Owner Proposal. Any Owner of any Unit or Units may propose any
subdividing or combining of any Unit or Units, and appurtenant Common Elements or Limited
Common Elements in writing, together with complete plans and specifications for accomplishing
the same to the Board, which shall then notify all other Unit Owners of the requested subdivision
or combination.

20.2 Owner/Mortgagee Approval. Upon written approval of such proposal by
sixty-seven percent (67%) of the Owners and sixty-seven percent (67%) of the Eligible
Mortgagees, and of all Eligible Mortgagee(s) and Owner(s) of the Unites) to be combined or
subdivided, the Owner(s) making the proposal may proceed according to such plans and
specifications; provided that the Board may in its discretion (but it is not mandatory that the
Board exercise this authority) require that the Board administer the work or that provisions for
the protection of other Units or Common Elements or reasonable deadlines for completion of the
work be inserted in the contracts for the work. Where the Common Area affected is de minimis,
and the proposal has been accepted by written approval of all of the affected Units, the Board
may approve the combination without a vote of the Owners.

20.3 Survey Map and Plans. The changes in the Survey Map, if any, and the
changes in the Plans and Declaration shall be placed of record as amendments to the Survey
Map, Plans, and Declaration of Condominium in accordance with the provisions of Article 21.
The Unit Owner who has proposed the subdivision and/or combining shall be responsible for any
costs associated with the subdivision/combination, including but not limited to costs of
conducting a vote of the Unit Owners and costs of recording an amendment to this Declaration.

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