ARTICLE III - ADDITIONAL DEFINITIONS

Section 3.01. Membership. Every person or entity who is a record owner of a fee interest in any Unit which is subject by this Declaration to assessment by the Association shall be a Member. Any person or entity having any such interest merely as security for the performance of an obligation shall not be a Member. Membership in the Association and the right to vote shall be appurtenant to, and may not be separated from, the fee ownership of any Unit which is subject to assessment by the Association. Ownership of such Unit shall be the sole qualification for membership in the Association.  In the event of fractional interests of units (75%, 50%, 25%, 10%, 4%), 75% owners and the first 50% owner shall be members of the association and have voting rights.  If a unit is made up of fractional interests smaller then 50%, the membership and voting rights will be as established by the Seller, whether the Declarant, or other.

Section 3.02. Transfer. The membership held by any Owner of a Unit shall not be transferred, pledged or alienated in any way except upon the sale of such Unit and then only to the purchaser of the Unit. Any attempt to make a prohibited transfer will be void and will not be reflected upon the books or records of the Association. In the event any Owner shall fail or refuse to transfer the membership registered in his name to the purchaser of his Unit, the Association shall have the right and obligation to record the transfer upon the books and records of the Association.

Section 3.03. Voting Rights. The Association shall have two classes of voting membership as follows:

(a) Class A Members. Class A Members shall be all those Owners entitled to membership. Class A Members shall be entitled to one vote for each Unit in which they hold the interest required for membership.

(b) Class B Members and Transfer Date. The Declarant shall be a class B Member. The Class B Member shall be entitled to three votes for each Unit in which it holds the interest required for membership; provided that the Class B membership shall forever cease Class B status and become Class A membership when The Transfer Date is reached.  The Transfer Date is defined as six months after sixty Percent (60%) of the Units in the Property have been conveyed to Owners other than Declarant.

(c) Vesting of and Restrictions on Voting Rights. An Owner's right to vote shall vest immediately upon, and not before, the date Regular Assessments are levied by the Association against such Owner's Unit as provided in this Declaration. The voting rights of both classes of membership shall be subject to the restrictions and limitations provided in this Declaration and in the Articles and Bylaws.

(d) Declarant's Vote. Except for the provisions of the Sections entitled "Enforcement of Bonded Obligations" and "Amendment", any provision in this Declaration, the Articles or Bylaws which requires the vote or written assent of a prescribed percentage of the voting power of the Association for action taken by the Association shall require:

(i) the approval of the prescribed percentage of the those voting including Class A membership and Class B membership during the time that there are two outstanding classes of membership. 

  rev 10/16/2008