Rights of secured lenders.

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(1) The declaration may require that all or a specified number or percentage of the lenders who hold security interests encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to:

  1. Deny or delegate control over the general administrative affairs of the association bythe unit owners or the executive board; or

  2. Prevent the association or the executive board from commencing, intervening in, orsettling any solicitation or proceeding; or

  3. Prevent any insurance trustee or the association from receiving and distributing anyinsurance proceeds pursuant to section 38-33.3-313.

Source: L. 91: Entire article added, p. 1732, § 1, effective July 1, 1992.


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