11111111111111111111111111111111111111111111 Instr:201811050044602 P, 1 of 24 F:S208.00 11/5/2018 Rick Campbell 11:22 AM COND Stark County Recorder T20180041012

AMENDMENT TO THE

DECLARATION OF CONDOMINIUM OWNERSHIP

FOR

ABERDEEN COMMONS CONDOMINIUMS

PLEASE CROSS MARGINAL REFERENCE WITH THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR ABERDEEN COMMONS CONDOMINIUMS RECORDED AT INSTRUMENT NO. 200212020097801 OF THE STARK COUNTY RECORDS.

THIS WILL CERTIFY THAT COPIES OF THIS AMENDMENT TO THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR ABERDEEN COMMONS CONDOMINIUMS HAVE BEEN FILED IN THE OFFICE OF THE COUNTY AUDITOR, STARK COUNTY, OHIO

STARK COUNTY A OR /~

AMENDMENT TO THE DECLARATION OF CONDOMINIUM OWNERSHIP FOR

ABERDEEN COMMONS CONDOMINIUMS

RECITALS

A. The Declaration of Condominium Ownership for Aberdeen Commons Condominiums (the "Declaration") was recorded at Stark County Records, Instrument No. 200212020097801.

B. The Aberdeen Commons Condominium Association (the "Association") is a corporation consisting of all Unit Owners in Aberdeen Commons Condominium and as such is the representative of all Unit Owners.

C. Declaration Section 24 authorizes amendments to the Declaration.

D. A meeting, including any change, adjournment, or continuation of such meeting, of the Association's Unit Owners was held on or about 'J4t1t! I 9t!1. 2018, and, at that meeting and any adjournment, Unit Owners representing at least 75 percent of the voting power of the Association executed, in person or by proxy, an instrument in writing setting forth specifically the matter to be modified (the "Amendment").

E. Unit Owners representing 86 percent of the Association's voting power have affirmatively consented to or voted in favor of the Amendment and signed powers of attorney authorizing the Association's officers to execute the Amendment on the Unit Owners' behalf, as documented in the Association's records.

F. Declaration Section 24 also requires an Amendment be approved by first mortgagees on up to 12 units.

G. Copies of the Amendment were mailed to all first mortgagees having bona fide liens of record against any Unit Ownerships as reported by the Owners.

H. There is on file in the Association's records the express or implied consent from two first mortgagees to the Amendment.

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I. The Association has complied with the proceedings necessary to amend the Declaration, as required by Chapter 5311 of the Ohio Revised Code and the Declaration, in all material respects.

AMENDMENT

The Declaration of Condominium Ownership for Aberdeen Commons Condominiums is amended by the following:

INSERT a new DECLARATION SECTION 12, PARAGRAPH k, entitled "Management, Maintenance, Repairs, Alterations, and Improvements." Said new addition to be added on Page 11 of the Declaration, as recorded at Stark County Records, Instrument No. 200212020097801, is as follows:

k. Management, Maintenance, Repairs, Alterations, and Improvements

(1) Association Responsibility.

(a) Management. The Association, through the board, manages the common elements and the affairs of the condominium with the right, however, to delegate its authority as provided in this Declaration and the Bylaws.

(b) Common Elements. Except as otherwise expressly provided in this Declaration or Bylaws (including Bylaws Article Five, Section Seven), the Association will, to the extent and at such times as the board determines, in the exercise of its business judgment, reasonably maintain, repair, replace, and keep the common elements in a reasonable state of good working order, condition, and repair, in a reasonably clean, neat, safe, and sanitary condition, and in conformity with all laws, ordinances, and regulations applicable to the common elements, by properly and in a good and workmanlike manner, making all repairs, replacements, alterations, and improvements, reasonably necessary to comply with the foregoing provisions.

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(c) Delegation of Authority. Except as otherwise provided in this Declaration, the Bylaws, or the rules, the management, maintenance, repair, and replacement of the common elements constitutes a common expense and is the Association's responsibility. Pursuant to Bylaws Article Two, Section Three, Paragraph (g), the Association may delegate all or any portion of its authority to discharge such responsibility to a manager or managing agent. Such delegation may be evidenced by one or more management contracts, each of which must provide for termination with or without cause and for the payment of reasonable compensation to said manager or managing agent as a common expense. No such management contract can be for a term in excess of three years.

(d) Additional Maintenance Obligations. Except as provided below in this Section 12, Paragraph k, or otherwise identified as the responsibility of the unit owner by another provision in this Declaration (including responsibility for unit owner improvements as addressed in Section 12, Paragraph k(2)(n) below) or Bylaws (including Bylaws Article Five, Section Seven), and to avoid areas of potential confusion, the Association is, to the extent and at such times as the Board determines, in the exercise of its business judgment, reasonably responsible, at its expense and in the manner as provided for in this Section 12, Paragraph k(4), for the following as installed by the Developer or the Association, whether components of the common elements or units (as used below, the word "maintenance" includes painting unless stated otherwise):

(i) Common Elements within Units. Maintenance, repair, and replacement of those portions of the common elements located within the bounds of a unit, including any structural framing, joists, or beams, but excluding, however: (a) the interior surfaces of the perimeter walls, floors, doors, and ceilings, as well as any drywall,

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plasterboard, flooring, or other material(s) applied to or constituting such walls, floors, and ceilings; and (b) other portions of the common elements, the maintenance, repair, or replacement of which is the responsibility of a unit owner under any other provision of this Declaration.

(ii) Interior Unit Floors. Maintenance, repair, and replacement of wood floor joists located within the unit and concrete slab on grade floors. However, the Association is not responsible for the maintenance and repair of the interior slab on grade concrete floor cracks or spalling, or to clean or remove efflorescence from the interior of any slab floor, except, in any case, as needed to address water leakage into a unit or unless the Board determines the structural integrity of the building is in jeopardy.

(iii) Exterior Door Frames, Trim, and Molding. The Association may, but is not required to, share the unit owner's contracting for or expenses for painting the exterior entrance door, unless such paint or finish coating is applied by the door manufacturer, door mold and trim.

(iv) Exterior Window Frames, Trim, and Molding. The Association may, but is not required to, caulk exterior window frames.

(v) Exterior Building Siding, House Wrap, Trim and Molding. Maintenance, repair and replacement of the exterior building siding, house wrap, trim, and molding on each building. The color of the siding, trim and molding will remain the same as that installed by the Developer throughout the condominium on all buildings unless a majority of unit owners agree to a color change upon replacement. A majority of owners must agree on the changed color and it will be applied as

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determined by the Board, throughout the condominium on all buildings.

(vi) Exterior Stone and Mortar. Maintenance, repair and replacement of all exterior stone and mortar applied to each building.

(vii) Wall Insulation. Maintenance of insulation originally installed by Developer within the perimeter walls of the buildings. However, if a unit owner determines additional insulation within the perimeter walls is needed for the unit owner's comfort or convenience, the unit owner may cause such additional insulation to be installed at the unit owner's sole risk and expense, with the Board's prior written approval.

(viii) Unit Address Numbers. Maintenance, repair, and replacement of unit address numbers located on the exterior of the buildings as installed by Developer or the Association.

(ix) Driveways. Maintenance, repair, and replacement of driveways and parking areas, including reasonable snow removal.

(x) Walkways. Maintenance, repair, and replacement of walkways made of concrete leading to individual units. The Association will provide reasonable snow removal services for the front walkway leading to the unit's entry doors.

(xi) Mail Gazebo, Mail Boxes, Community Bulletin Board and Related Components. To the extent not provided by the U.S. Post Office, maintenance, repair, and replacement of the mailboxes, located within the community mail gazebo; the gazebo itself, or any structure that houses the mailboxes and its related components

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including the walkway, floor, roof: exterior and interior walls and any community bulletin board installed therein.

(xii) Lighting. Maintenance, repair, and replacement of exterior lighting that is not attached to the buildings or that is located in the common elements and which is not located on patios or in the limited common elements, except for unit owner installed lighting described in Section (2)(a)(vili)(e) below.

(xiii) Landscaping.

(a) Foundation Beds. Maintenance of the foundation beds, which are generally defined as the beds extending three to five feet from the foundation of each building. However, the Board will determine the extent and size of each foundation bed in consultation with the Association's landscape contractor. Any unit owner improvements to or in any foundation bed including all plantings are the unit owner's responsibility as further provided for in this Section 12, Paragraph k(2)(n)(vii).

(b) Association will replace any dead plantings originally installed by the developer one time.

(xiv) Other Landscape Beds. Maintenance of other landscape beds the Developer or Association installed.

(xv) Lawn Maintenance. Maintenance, repair and replacement of all lawn areas.

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(xvi) Trees. Maintenance of trees installed by the Developer or the Association. The Association may, but is not required to, replace any tree the Association removes.

(xvii) Drainage. Maintenance, repair, and replacement of concrete splash blocks and any exterior drain lines or catch basins.

(xviii) Utilities. To the extent such work is not performed by the respective utility company or department, the maintenance, repair, and replacement of.

(a) Electric Lines and Meters. All electric meters located outside of the units and electric lines up to the point an electric line serving one unit intersects with the exterior footprint of the building in which the unit is located (the unit owner being responsible for the portion of any electric line serving only the owner's unit and located underneath or within the building in which the unit is located).

(b) Natural Gas Lines and Meters. All gas meters located outside of the units and gas lines up to the point a gas line serving one unit intersects with the exterior footprint of the building in which the unit is located (the unit owner being responsible for the portion of any gas line serving only the owner's unit and located underneath or within the building in which the unit is located).

(c) Sanitary Sewer Lines. All sanitary sewer lines from the point the sewer lines intersect with the exterior footprint of the building, outwards (each unit owner being

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responsible for any portion of a sanitary sewer line serving the owner's unit and located underneath or within the building in which the unit is located), sanitary sewer covers.

(d) Waterlines. All water meters located outside of the units and waterlines up to the point a waterline serving one unit intersects with the exterior footprint of the building in which the unit is located (the unit owner being responsible for the portion of any waterline serving only the owner's unit and located underneath or within the building in which the unit is located).

(xx) Fireboxes. Repair and replacement of the firebox; however, the Association is not responsible for the interior surface of the firebox or cleaning of the firebox.

Cxxi) Vents and Stacks and Soil Pipe. Maintenance, repair, and replacement of the kitchen, furnace, water heater, bathroom, soil vents, stacks or pipes installed as part of the original construction of the unit, excluding the maintenance repair and replacement of dryer vents.

(xxii) Animal Control. Exterior trapping, removal, extermination, or other animals (including mammals, rodents, and insects) as the Board decides is needed. However, the Association may, as the Board so determines, trap, remove, or exterminate any animal that causes physical damage or destruction to any part of a building and provide insect control for exterior landscaping. The Association is also responsible to close or otherwise block any gaps or holes in the exterior wall or roof of any building that allow for entry into the building by an animal or insect.

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(xxili) Additional Maintenance. The Association, as the Board may from time to time decide, may perform any maintenance, repair, and replacement of any part of the condominium property, as the Board reasonably determines is needed to preserve and protect the uniformity or safety of the buildings and common elements, with the cost of such work charged or assessed as provided for in this Declaration or Bylaws Article Five or, if not so provided for, then in an equitable manner as the Board so determines.

(2) Unit Owner Responsibility.

(a) Except as otherwise expressly provided in this Declaration or the Bylaws (including Bylaws Article Five, Section Seven), each unit owner is responsible, at such unit owner's expense, to:

(i) Unit and Limited Common Elements. Maintain, repair, and replace, at their expense, all portions of their unit and assigned limited common elements, in a reasonable state of good working order, condition, and repair, in a clean, neat, safe, and sanitary condition, and in conformity with all laws, ordinances, and regulations applicable to such unit and assigned limited common elements, including:

(a) Safety and Security Systems. All smoke detectors, carbon monoxide detectors, and security systems, and associated equipment and wiring, all as located within, on, or appurtenant to the unit boundaries.

(b) Walls, Ceiling, and Floor Finishings. All paneling, plaster, drywall, furring strips (if any), paint, wood, tile,

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linoleum, wood flooring, and any other finishing or decorating materials applied, attached, installed on or within, or affixed to the perimeter or interior floor, ceilings, and walls of such unit.

(c) Floors. The garage floor, and the interior surface of the slab on grade floor.

(ii) Attics and Insulation. All insulation within any interior unit wall and in the space between the unit ceiling and roof above the unit (the attic); however, the Association may, but is not obligated to, install or add insulation in any attic area in conjunction with the Association's maintenance of the roofing system. Any insulation the Association adds to the attic area is the unit owner's responsibility to maintain. Unit owners may store personal property in the attic spaces, subject to the rules, and maintenance, repair, and replacement of all attic access doors, panels and ladders or stairs.

(iii) Windows. All windows located in the perimeter walls of the unit, including window hardware, the window glass, window frames, screens, sashes, and jambs.

(iv) Perimeter Doors. All patio entry doors, including any screen door, patio door, and the garage door (excluding the exterior painting of the garage door), located in the perimeter" wall or the garage serving the unit, including any door lock, knocker, handle, kickplate, weatherstripping, garage door opener, and other components and hardware, the door frames, and any perimeter door threshold, sash, and jamb.

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(v) Exterior Door Frames, Trim, and Molding. Maintenance, repair, and replacement of the exterior trim and molding around each unit entrance door, unless such trim or molding is part of a door system or assembly. The Association may, but is not required to, paint exterior entrance door, unless such paint or finish coating is applied by the door manufacturer, door mold and trim.

(vi) Garage Door, Frames, Trim and Molding. Maintenance, repair, and replacement of the garage door, exterior trim and molding around each garage door unless such trim or molding is part of a garage door system or assembly. The Association may but is not required to, paint exterior of the garage door, unless such paint or fi:rtish coating is applied by the garage door manufacturer or is vinyl.

(vii) Vents. Maintenance, repair and replacement of fireplace vents. Board must approve in writing of such maintenance, repair and replacement of these items prior to any of this work takes place.

(viii) Exterior Items. All installations or fixtures located outside the unit but serving only such unit, consisting of.

(a) Air Conditioner Pad. The pad or other base on which the air-conditioner compressor or unit or heat pump is located.

(b) Door Bell or Entry System. Any intercom, doorbell, or other unit entry or alert system, along with all associated wiring and other associated components.

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(c) Dryer Vents. The dryer vent serving the unit wherever located, including any exterior dryer vent, cage, or screen and cleaning of the dryer vent; however, the Association may, but is not required to, inspect and clean any dryer vents and ducts for safety-related reasons, with all costs incurred assessed to the respective unit owner.

(d) Exterior Electrical Outlets. Any exterior electrical outlet and its cover box, including the electrical wiring leading to and serving the outlet that is connected to the unit's electric service.

(e) Exterior Lights. Any exterior light fixture attached to the exterior siding of the building, including the wiring for such fixture that is connected to the unit's electrical service; however, the Association may, but is not required to, repair and replace any exterior light fixtures to maintain uniformity, with all costs incurred assessed to the respective unit owner. Exterior lights that are not attached to the buildings or are located in the common elements that were installed by unit owners prior to the recording date of this instrument are unit owner responsibility to maintain, repair and replace. Any damage to the common elements as a result of the maintenance, repair or replacement of this lighting is unit owner responsibility.

(0 HV AC Systems. Any heating and cooling systems and components, including all duct work, condensate lines,

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and other fixtures and related components, serving only the unit wherever located.

(g) Mailboxes. The door and lock for the mailbox for the owner's unit and, if the unit owner has a free standing mailbox serving the owner's unit as approved by the Board and the U.S. Post Office, the mailbox, post, and stand.

(h) Water Spigot. Any water spigot located in the unit garage or outside of the unit, including the waterline leading to and serving the spigot, which is connected to the unit's water supply.

(i) Roof Heating Cables. Installation, maintenance, repair, and replacement of heating cables on roof areas as well as responsibility to pay for the cost of electricity for any heating cable connected to the unit owner's electric service; must allow for the continued use of such electricity during the winter season.

(ix) Electric Lines. The portion of the electric line serving the owner's unit from the point an electric line serving the unit intersects with the exterior footprint of the building in which the unit is located to the end point of the line in the unit or its connection to an appliance or fixture located within or serving only the owner's unit.

(x) Natural Gas Lines. The portion of the natural gas line serving the owner's unit from the point a gas line serving the unit intersects with the exterior footprint of the building in which the unit is located to the end point of the line in the unit or its

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connection to an appliance or fixture located within or serving only the owner's unit.

{xi) Sanitary Sewer Lines. Any sanitary drain line serving only the unit up to the point the sanitary sewer line intersects with exterior footprint of the building in which the unit is located.

(xii) Telephone, Cable, and Communications Lines. All telephone, cable, and communication lines, whether for telephone, television, or internet service, serving the owners' unit wherever located.

(xiii) Water Lines. The portion of the waterline serving the owner's unit from the point a waterline serving the unit intersects with the exterior footprint of the building in which the unit is located to the end point of the line in the unit or its connection to an appliance or fixture located within or serving only the owner's unit. The unit owner is also responsible for insulating or otherwise protecting or shielding any waterline serving the owner's unit that is located within the building as needed to prevent freezing of such waterline.

<xiv) Radon Gas. Mitigation or any related work or improvements to address radon gas or similar concerns.

(xv) Animal Control. The trapping, removal, extermination, or other animal (including mammals, rodents, and insects) control inside the building in which the owner's unit is located as the unit owner deems necessary, subject to and in accordance with the rules including removal of animals trapped within a flue.

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(xvi) Owner Improvements. Maintain, repair, and replace any improvement(s) made to or in the common elements, including the limited common elements and exclusive use areas designated for such unit owner's use or the benefit of the owner's unit, by the unit owner (or any prior unit owner of the same unit), including:

(a) Appliances. Appliances, including any television antenna or satellite dish; the location of such as previously approved in writing by the Board.

(b) Enclosures. The interior decorating and finishing materials, whether wood, siding, drywall, or other materials, the flooring, whether wood, concrete, or other material, windows and screens, and the door of any porch, gazebo, or room enclosure, whether installed by the unit owner or Developer.

(c) Exterior additional exterior security lights.

Lighting. lighting,

Any including

(d) Landscaping. Watering of all plantings in any landscape bed wherever located; with prior written Board approval owners are permitted to plant no more than 3 perennial plants in any landscape bed each of which they must maintain and replace.

(e) Hardscape. All landscaping patio dividing walls, retaining walls, landscape bed edging materials, rocks, steps, riprap, and other features or fixtures.

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(f) Patios. Any patio installed, modified, or altered by the unit owner.

(g) Retaining Walls. Any retaining wall installed, modified, or altered by the unit owner.

(h) Walkways and Paths. Any walkway or path installed, modified, or altered by the unit owner.

(i) Nothing in this Section 12, Paragraph k(2)(n) will be construed to give any unit owner permission to install or place any improvement outside the bounds of the unit without the Board's prior written consent or in accordance with the rules as further provided for elsewhere in this Declaration. The unit owner's responsibility for improvements is further subject to the following:

G) All of the work required of the unit owner in this Section 12, Paragraph k(2)(n) includes responsibility for any improvement installed by any prior unit owner of the unit owner's unit. The unit owner must use competent and qualified labor to perform the work, and the work must be performed promptly, properly, and in a good workmanlike manner, using · first·class materials of equivalent or better quality than those originally installed or incorporated into the condominium property, and in accordance with any Board designated specifications.

(k) The Association has the right, but not the obligation, to, at any time, maintain, repair, and replace any

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improvement(s) in a uniform manner and charge the cost of such work to the unit owner(s), which costs will be charged to the respective unit owner(s) in a fair and reasonable manner as determined solely by the Board.

(1) If, as the Board so determines, a unit owner fails to maintain any landscape bed, tree, planting, alteration, or other landscape or hardscape improvement, the Association may either maintain the improvement or remove the improvement, at the unit owner's expense. If the Board elects to remove the improvement, the Association may further restore, as the Board so decides, the bed with grass or to the same condition as other beds the Association maintains, at the unit owner's expense.

(m) In addition, the unit owner is responsible for all costs and expenses, whether incurred by the Association, the unit owner, or others, to remove and subsequently re·install any such improvements as necessary for the Association to maintain, which includes inspection, repair, and replacement, the common elements or other portions of the condominium property the Association is responsible for under this Declaration.

(n) If the design, construction, maintenance, use, or removal of any improvement causes or results in damage to, or in any manner adversely affects, the roof or building structure on which the improvement is located or attached to or any adjacent roof or building area, as the Board

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so determines, the unit owner is responsible, at their sole cost and expense, for the proper and prompt repair or other correction of the issue in a manner satisfactory to the Association.

(o) The unit owner is further responsible, at their sole cost and expense, for the proper and prompt repair of any damage caused to the interior of any unit caused by any such design, construction, maintenance, use, existence, or removal of the improvement.

(xvii) Utility Service. Pay all costs for utility services (such as water, gas, electricity, sewage, rubbish and trash removal/disposal or treatment, and the like) furnished to the unit or to the limited common elements designated for their use, as well as for any sump pump or roof heating cable connected to the unit's electric service, unless any or all of such services are provided as part of the common expenses, in which case all or any of such services so provided by the Association will be paid for by the unit owner as part of their share of the common expenses.

(xviii) Additional Maintenance Responsibilities. Perform all maintenance, repairs, and replacements, and other expenses that are referenced· in this Section 12, Paragraph k(2) as being the responsibility of the unit owner.

(xix) Maintenance Standards. Comply with all rules and procedures that the Board may from time to time adopt pertaining to the maintenance, repair, and replacement of washing machine hoses, faucets, toilets, including toilet rings, traps, and other appliances, installations, or components of or

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serving the unit, the failure of which may result in damage to the common elements or another unit, and the winterization of units, including minimum heating, water shutoff, unit monitoring, and other requirements. Any failure to comply with any maintenance standards promulgated by the Board is considered negligence per se.

(xx) Duty to Report. Report promptly to the Board the need for any maintenance or repair to any portion of the condominium property that the Association is obligated to maintain, repair, or replace in accordance with this Declaration or the Bylaws (including Bylaws Article Five, Section Seven).

(xxi) Non-Disturbance. Perform the unit owner's responsibilities in such a manner so as not to unreasonably disturb any other person(s) residing within the condominium property.

(xxii) Neglect and Intentional Acts. Maintain, repair, and replace, at such unit owner's expense, all portions of the condominium property that may be damaged or destroyed by reason of their own act or neglect, the act or neglect of any occupant of their unit, including tenants, or the willful or intentional act or neglect of any invitee, agent, employee, licensee, or guest of such unit owner or occupant. Notwithstanding the foregoing obligation of the unit owner, the Association (or other unit owners in respect to their own unit) may, but is not obligated to, repair and replace the property damaged or destroyed by reason of the act or neglect of a unit owner, an occupant, or their invitee, licensee, or guest, and charge and collect from such unit owner the cost and expense paid or incurred in making any such repair or replacement. If the repair or replacement is made by the Association,

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the cost and expense thereof is a lien against the unit owner's ownership interest, which the Association may assert and collect in the same manner as the Association may assert and collect a lien against a unit owner's ownership interest for nonpayment of assessments. The right of the Association to assert and collect upon a lien is not exclusive but is in addition to all other rights and remedies available to the Association in this Declaration, the Bylaws, the rules, in law, and in equity for recovery of the cost and expense so incurred.

(3) Effect of Insurance or Construction Guarantees. The fact that the Association or any unit owner may be entitled to the benefit of any guarantees of material and workmanship furnished by any contractor or subcontractor responsible for any construction defects, or to benefits under any policies of insurance coverage for construction guarantees or insurance coverage, does not excuse any delay by the Association or any unit owner in performing its or their obligations set forth in this Declaration, the Bylaws, or the rules.

(4) Interpretation of Maintenance Obligations. Any conflict between the maintenance provisions of this Section 12, Paragraph k and any other provision of this Declaration or the Bylaws (including Bylaws Article Five, Section Seven) is to be interpreted in favor of the maintenance obligations as stipulated in this Section 12, Paragraph k. In the event of any uncertainty or good faith dispute as to whether the Association or an individual unit owner is responsible for the maintenance, repair, or replacement of a given item, the Board's determination, exercised in good faith, as to whether any particular maintenance, repair, or replacement to be made is the Association's responsibility, the individual unit owner's responsibility, or the Association's and unit owner's shared responsibility in such proportion as the Board so determines, is final, provided that the Board's determination must thereafter be consistently followed. When the Association maintains, repairs, or replaces any item the

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Association is responsible for under this Declaration and the Association's work requires that an item the unit owner is responsible for under this Declaration be maintained, repaired, or replaced, which includes moving or removing, in conjunction with the Association's work, the Association may perform all such work and assess the costs the Association incurs to repair, move, remove, or replace the unit owner's item to the unit owner.

MODIFY BYLAWS ARTICLE FIVE, SECTION SEVEN, PARAGRAPH (b). Said modification, to be made on Page 17 of the Bylaws, Exhibit 5 of the Declaration, as recorded at Stark County Records, Instrument No. 200212020097801, is as follows (deleted language is crossed-out; new language is underlined):

(b) All maintenance, repairs, and replacements to the common elements, whether located inside or outside individual units, in accordance with Declaration Section 12, Paragraph k, will be the responsibility of the Association board of managers and will be charged to all unit owners as common expenses unless such maintenance, repairs, or replacements are necessitated by the negligence or misconduct of individual unit owners, in which case such expenses will be the responsibility of and will be charged to such individual unit owners.

INSERT a new DECLARATION SECTION 25·17, entitled "Management, Maintenance, Repairs, Alterations, and Improvements." Said new addition to be added on Page 11 of the Declaration, as recorded at Stark County Records, Instrument No. 200212020097801, is as follows:

Section 25.17

Exterior Surface of Buildings

No flag, (except as may permitted by state of federal law), sign, canopy, shutter, screen (except manufactured window or door screens that are a component part of a window or door installation), or anything else, will be displayed from, affixed to, or placed upon the exterior walls, windows, doors, patios, or roofs of the Buildings or from, to, or upon any other part of the Common Elements or Limited Common Elements without the Board's prior written consent.

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Any conflict between these provisions and any other provision of the Declaration or Bylaws will be interpreted in favor of this amendment. The invalidity of any part of the above provision will not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only unit owners of record at the time of such filing will have standing to contest the validity of the amendment, whether on procedural, substantive, or any other grounds, provided further that any such challenge will be brought within one year of the recording of the amendment.

The Aberdeen Comm~ ondominiu ssociation has caused the execution of this instrument this day of Z:. ~r 2018.

ABERDEEN COMMONS CONDOMINIUM ASSOCIATION

By:

By:

I ,(~,Cf{//}m!AJ 7 t- FRANK W. SOUTHWORTH, President

6111 ~~ J

J COB M. DEBENEDICTIS, Secretary t./

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STATE OF OHIO

COUNTY OF , 5/-qr { ) ) )

ss

BEFORE ME, a Notary Public, in and for said County, personally appeared the above named Aberdeen Commons Condominium Association, by its President and its Secretary, who acknowledged that they did sign the foregoing instrument, on Page 23 of 24, and that the same is the free act and deed of said corporation and the free act and deed of each of them personally and as such officers.

/<3.J have set my hand and official seal in _S_ta __ ✓)( ___ _,

_ 6_ ' day of {JJftJ/2.e, r . 2018.

NOTARY PUBLIC

This instrument prepared by: KAMAN & CUSIMANO, LLC, Attorneys at Law 50 Public Square, Suite 2000 Cleveland, Ohio 44113 (216) 696-0650 ohiocondolaw .com

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Ohio, this