Laserfiche WebLink
<br />#10634702v3 <br /> <br />9 <br />Membership in the Association, and the allocation to each Homesite of a portion of the votes in the <br />Association and a portion of the Common Expenses of the Association shall be governed by the following <br />provisions: <br /> <br />5.1 Membership. Each Owner shall be a member of the Association by virtue of Homesite <br />ownership, and the membership shall be transferred with the conveyance of the Owner’s <br />interest in the Homesite. An Owner’s membership shall terminate when the Owner’s <br />ownership terminates. When more than one Person is an Owner of a Homesite, all such <br />Persons shall be members of the Association, but multiple ownership of a Homesite shall <br />not increase the voting rights allocated to such Homesite nor authorize the division of the <br />voting rights. <br /> <br />5.2 Voting and Common Expenses. Voting rights and Common Expense obligations are <br />allocated equally among the Homesites (each Homesite shall be allocated one (1) vote); <br />except that special allocations of Common Expenses shall be permitted as provided in <br />Section 6.1, and provided that Declarant is entitled to ten (10) votes for each Homesite <br />owned by Declarant. <br /> <br />5.3 Appurtenant Rights and Obligations. The ownership of a Homesite shall include the <br />voting rights and Common Expense obligations described in Section 5.2. Said rights, <br />obligations and interests, and the title to the Homesites, shall not be separated or <br />conveyed separately. The allocation of the rights, obligations and interests described in <br />this Section may not be changed, except in accordance with the Governing Documents. <br /> <br />5.4 Authority to Vote. The Owner, or some natural person designated to act as proxy on <br />behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such <br />Homesite at meetings of the Association; provided, that if there are multiple Owners of a <br />Homesite, only the Owner or other Person designated pursuant to the provisions of the <br />By-Laws may cast such vote. The voting rights of Owners are more fully described in <br />Section 3 of the By-Laws. <br /> <br />5.5 Declarant Control. Notwithstanding the vote of any Homesite Owner to the contrary, <br />the Declarant hereby reserves a period of Declarant control of the Association during <br />which the Declarant, or persons designated by the Declarant, may appoint and remove the <br />officers and directors of the Association. Said reservation of Declarant control is subject <br />to the following: <br /> <br />a. The period of Declarant control shall mean the Declarant Control Period as <br />defined above. <br /> <br /> b. Not later than the termination of Declarant control, the Homesite Owners shall <br />elect a Board of Directors of at least three members. Thereafter, a majority of the <br />directors shall be Homesite Owners other than Declarant or an affiliate of <br />Declarant. All Homesite Owners, including the Declarant and its affiliates, may <br />cast the votes allocated to any Homesite owned by them. The Board shall elect <br />the officers. The directors and officers shall take office upon election. <br /> <br /> c. Except as otherwise provided in this subsection, meetings of the Board of <br />Directors must be open to all Homesite Owners. To the extent practicable, the <br />347