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Cxh~l~i-1- l~ <br />6.3 Prohibition Against Mortg,ages: Anything in the Declaration or Bylaws to the contrary <br />no[withstanding, no Unit owner shall place or suffer to be placed upon the common elements any lien, <br />mor[gage, [rust deed, contract, security interest or other hypothecation or interest of any kind without the <br />unanimous consen[ of Unit owners. A Unit owner, however, shafl be entitled to grant a lien, mortgage, <br />trust deed, contract, security interest or other hypothecation on any or a^ Units owned by such Unit <br />owner, indirectly including [he Unit owner's undivided interes[ in the common elements apper[aining to <br />such Units. <br />6.4 Transit Continuinp Control. Anything in the Declaration or Bylaws to the contrary <br />notwiths[anding, no Unit owner (in its capacity as a Unit owner and exclusive of the exercise by a Unit <br />owner of its police power in a manner generally applicable to tlie public), shall have the right to burden <br />or interfere with Uie operation of the transit system by [he Salem Area Mass Transit District in a manner <br />reasonably consistent with usual and customary practices of transit system operations, or to burden, <br />interfere with or revent access to, or ingress to and egress from, any Unit held by the Salem Area Mass <br />Transit District. The Unit owners acknowledge that the ownership mterests of the Salem Area Mass <br />Transit Distnct have been acquired in part with federal funds provided [o the Transit District by the <br />Federal Transit Administration pursuant to a grant agreement under 49 USC §5301 et seq. The federal <br />government retains a continuing interest in all strucwres, equipment and other facilities acquired or <br />constructed with federal funds that may be located in or upon the property. If, for any reason, such <br />structuces, equipment or facilities are not used for transit purposes defined by the applicable law, <br />regulations, grant agreements and FPA Master Agreement, for a period of at least 30 years from the date, <br />of this Declaration the Federal Transit Administration shall be entitled to reimbursement as provided <br />under 49 CFR part 18 for its proportional share of the fair market value of such property funded by thel <br />Federal Transit Admm~stration. otwit stan mg any prov~sion o t e ec aration or t e v aws to t e <br />contrary, this Sect~on 6.4 may not be amended without the approval of the Salem Area Mass Transit <br />District and the Federal Transit Administration, or the successors to their governmental authority. <br />BYLAWS: ASSOCIATION: MANAGEMENT <br />7.1 Adoption of Bylaws. In behalf of the Association, the Declarant hereby adopts the <br />Bylaws attached hereto as Exhibit "A" to govem the administration of the Condominium. The Bylaws <br />shall be effective upon the execution and recording of this Declaration. <br />7.2 Association of Unit Owners• Membershi~. Pursuant to the authority granted in ORS Ch. <br />190, each owner of a Unit in [he Condominium shall be a member of the Association, and membership <br />therein shall be limited to Unit owners only. The Association of Unit Owners, which shall be organized <br />upon the recording of the Declaration and Bylaws, shall serve as a means through which the Unit owners <br />may take action with regard to the administration, management and operation of the Condomiuium. <br />The Association of Unit Owners shall be an unincorporated association, subject in certain respects to <br />Chapter 190 of the Oregon Revised Statutes, unless the Association, upon majority vote of its Board of <br />Directors, chooses to incorporate under the nonprofit corporation laws of the State of Oregon. The <br />Association shall operate under the name COURTHOUSE SQUARE CONDOMINIUM ASSOCIATION <br />OF UNIT OWNERS. If the Association is subsequently incorporated, the name of the Association shall <br />include the complete name of the Condominium and shall be as close to tfie present name as is possible. <br />7.3 Mana~ement: Board of Directors. The affairs of the Association shall be governed by a <br />two (2) member Board of Directors as provided in the Bylaws. The Board of Directors shall elect <br />officers consisting of a Chairman, Secretary and Treasurer. Pursuant to the provisions of the Bylaws and <br />the Oregon Condominium Act, the Board of Directors may adopt administrative Rules and Regulations <br />governing details of the operation, maintenance and use of the Condominium property. The Board of <br />Directors may contract with a professional manager or management firm to manage the affairs of the <br />Association. The owners may designate any Unit owner ro manage the Association. If so designated, <br />such owner may use its own departments, personnel and equipment in carrying out such management, <br />and shall be entitled to receive its out-of-pocket costs and to charge the Association a reasonable charge <br />for providing services through or by its own departments, personuel and equipment. <br />Condominium Declazation <br />Page - 6 <br />12(I980125 <br />