CERTIFICATE OF AMENDMENT TO THE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF CLOISTERS WEST HOMEOWNERS ASSOCIATION INC.
THIS CERTIFICATE OF AMENDMENT (the "Amendment"), made as of the 28th day of September, 1987 by CLOISTERS WEST HOMEOWNERS ASSOCIATION, INC., a District of Columbia corporation ("Association").
WHEREAS the Declaration of Covenants, Conditions and Restrictions for CLOISTERS WEST HOMEOWNERS ASSOCIATION, INC. (the "Declaration) was duly recorded among the Land Records of the District of Columbia on May 30, 1985 by instrument number 19247; and
WHEREAS, pursuant to Article XI, Section 4 of the Declaration, the Declaration may be amended by an instrument signed by not less than ninety percent (90%) of the Lot Owners; and
WHEREAS, instruments collectively signed by not less than ninety percent (90%) of the Lot Owners (as such term is defined in the Declaration) have been obtained and are contained within the corporate records of the Association consenting to the terms of this Amendment; and
WHEREAS, the Association desires to amend Article VIII of the Declaration; and
WHEREAS, the Declaration was previously erroneously and inadvertently amended pursuant to a Certificate of Amendment dated March 31, 1987 and recorded among the Land Records of the District of Columbia (the "Prior Amendment'). Such Prior Amendment had not received the requisite written consent of ninety percent (90%) of the Lot Owners and therefore such Prior Amendment is hereby terminated and declared null and void and the terms of this Amendment shall supersede it in all respects.
NOW THEREFORE, the Declaration is hereby amended as follows:
A. The words "and shall" are hereby deleted from the second line of the first paragraph of Article VIII of the Declaration; and
B. The phrase ".but shall not be obligated," is hereby inserted after the word “authority" in the second line of the first paragraph of Article VIII of the Declaration; and
C. Between the first and second paragraphs of Article VIII of the Declaration the following new paragraph is hereby inserted:
"it is the intent of this Article that all residential units located within the Property shall have adequate Insurance coverage, to the Board of Directors' satisfaction, against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement cost of any repair or reconstruction work. In the event of damage or destruction from any such Insured hazards. Further, it is understood that the decision of the Board of Directors not to obtain insurance in any specific instance shall not be considered a breach of any fiduciary responsibility and shall not give rise to any liability on the part of the Board of Directors or any member thereof. Moreover, the Board of Directors shall have no obligation to acquire any information as to Owners' insurance coverage on residential units."
Except as expressly set forth herein, the terms and provisions of the Declaration shall remain in full force and effect unmodified by the terms and provisions of this Amendment. The terms and provisions of this Amendment shall be binding upon and inure to the benefit of the parties hereto and all owners of the real Property described in Exhibit "A", their respective heirs, successors and assigns forever.
IN WITNESS WHEREOF, Cloisters West Homeowners Association, Inc., a District of Columbia corporation, has caused its corporate seal to be affixed and these presents to be signed by James E. McGrath, its President, attested by Trudy Schultz, its Secretary, and has appointed said James E. McGrath, its Attorney-in-Fact, the same to acknowledge and deliver according to law as of the day and year first above written.
CLOISTERS WEST HOMEOWNERS ASSOCIATION, INC., a District of Columbia corporation
By:_____________________ ________________________
Trudy Schultz, Secretary James E. McGrath, President
(CORPORATE SEAL)
Lots Subject to
Cloister's West Homeowners Association, Inc.
Lots 948 through 957, inclusive, Lots 964 through 966, inclusive, Lots 968 through 979, inclusive, Lots 1042 through 1059, inclusive Lots 1061 through 1088, inclusive, Lots 1094 through 1097, inclusive. Lots 1100 through 1136, inclusive, all in Square 1292 in the District of Columbia, more particularly described by the individual metes and bounds descriptions attached hereto.