Every
person or entity who is a record owner of a unit which
is subject by covenants of record to assessment by the
Association, shall be a member of the Association. If
a given unit is owned by more than one owner, all of
such owners shall be members of the Association. However,
for purposes of representation of such unit, such unit
shall be represented by only one (1) vote. The foregoing
is not intended to include persons or entities who hold
an interest merely as security for the performance of
an obligation. Membership shall be appurtenant to and
may not be separated from ownership of any unit which
is subject to assessment by the Association. Ownership
of such unit shall be the sole qualification for membership.
Declarant, its successors and assigns, shall be deemed
the record owner of all units retained or unsold by
Declarant.
Section
2. Transfer
The
membership of any owner of a unit shall not be transferred,
pledged or alienated in any way except upon the sale
of such unit and then and only to the purchaser of such
unit. The Association membership of each owner is appurtenant
to the unit giving rise to such membership and shall
be inseparable from ownership of said unit. Any attempt
to make a prohibited transfer is void and shall not
be reflected on the Association books. In the event
an owner of any unit should fail or refuse to transfer
the membership registered in his name to the purchaser
of such unit, the Association shall have the right to
record the transfer on the Association books and shall
issue a new certificate to the purchaser and thereupon,
the old certificate outstanding, in the name of the
seller shall be null and void as through the same had
been surrendered. Any transfer of title to a condominium
shall operate automatically to transfer the membership
in the Association appurtenant thereto to the new owner
thereof.
Section
3. Suspension of Membership
During
any period which a member shall be in default in the
payment of any annual or special assessments levied
by the Association, the voting rights and right to use
the recreation facilities of such member, may be suspended
by the Board until such assessments have been paid.
Said suspended member will be afforded a hearing within
fifteen (15) days after he is in default in said delinquent
payment. Such right of a member may also be suspended
after notice and hearing for a period not to exceed
thirty (30) days for any single infraction of any rules
and regulations established by the Board governing the
use of the Common Area and facilities. Notice of said
hearing shall be mailed to the accused owner, postage
prepaid, not less than fifteen (15) days prior to such
hearing and a copy of such notice shall be posted in
a conspicuous place at or on the member's condominium
unit.
Section
4. Voting rights
The
Association shall have two (2) classes of membership:
Class
A members
shall be those members, with the exception of Declarant.
Class A members shall be entitled to one (1) vote
for each condominium in which they hold the interest
required for membership. When more than one person
holds such interest in any condominium, all such persons
shall be members. The one vote of such condominium
shall be exercised as they among themselves determine,
but in no event shall more than one vote be cast with
respect to any condominium.
Class
B member
shall be the Declarant and shall be entitled to three
(3) votes for each condominium in which Declarant
holds the interest required for membership, provided
that Class B membership shall cease and be converted
to Class A membership on the happening of either of
the following events, whichever occurs sooner: (a)
when the total votes outstanding in the Class A membership
equal the total votes outstanding in the Class A membership;
however, should this occurrence take place prior to
annexation of the real property described in the Declaration,
then upon annexation of said real property and upon
commencement of monthly maintenance charges by Declarant
for each unsold unit owned by Declarant, in determining
the total votes outstanding in the Class B membership,
the unsold units owned by Declarant in the annexed
property shall be included; (b) two years after the
original issuance of the most recently issued Final
Subdivision Report for a phase in the project; or
(c) on December 31, 1982. So long as the two classes
of membership in the Association exists, no action
by the Association which must have the prior approval
of the Association members, shall be deemed approved
by the members unless approved by the appropriate
percentage of both classes of membership.
Section
5. Joint Ownership Disputes
The
vote for each unit may be cast only as a unit and fractional
votes shall not be permitted. In the event joint owners
are unable to agree as to how their vote shall be cast,
they shall lose their right to vote on the matter in
question. If any owner casts a vote representing a certain
unit it shall thereafter be conclusively presumed for
all purposes that he was acting with the consent and
authority of all other owners of the same unit. In the
event more that one vote is cast for a particular unit,
none of said votes shall be counted and all of said
votes shall be deemed void.
Section
6. Members' Right and Duties
Each
member shall have the rights, duties and obligations
set forth herein and in the Declaration, as the same
may be amended from time to time.
