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.
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 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. Class A Members shall be all those Owners entitled to membership, with the exception of the Declarant. Class A Members shall be entitled to one vote for each Unit in which they hold the interest required for membership. When more than one person holds such interest in any Unit, all such persons shall be Members and the vote for such Unit shall be exercised as they determine among themselves, but in no event shall more than one vote be cast with respect to any such Unit. Any votes cast with regard to any such Unit in violation of this provision shall be null and void.
(b) Transfer Date: The the Declarant shall be class B Members. 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 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) Declarants 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, other than the
Declarant, for action taken by the Association shall require (i) the approval of
the prescribed percentage of the Class A membership and the approval of a
majority of the Class B membership during the time that there are two
outstanding classes of membership. After the Transfer date and qualifying
percentage of sales and (ii) the approval of a majority of the
voting power of the Association and the approval of the prescribed percentage of
the voting power of the Association, other than the Declarant, after there has
been a conversion of the Class B membership to the Class A membership.