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20 <br />6557.03/12309 <br />Condominium Units described in the Declaration of Annexation for that Phase shall become Members of <br />the Association. <br /> <br />Section 3.5 Transferred Membership. Membership in the Association shall not be <br />transferred, pledged or alienated in any way, except upon the sale, conveyance, judicial sale or other <br />voluntary or involuntary transfer of the Condominium to which it is appurtenant and then only to the <br />purchaser in the case of a sale or to the transferee in the case of a transfer. Any attempt to make a <br />prohibited transfer is void. <br /> <br />Section 3.6 Membership Classes and Voting Rights. The Association shall initially have <br />two classes of voting Members as follows: <br /> <br />(a) Class A: Class A voting Members shall consist of all Owners with the exception <br />of the Declarant and shall be entitled to one vote or right of consent for each Condominium owned. <br />When more than one Person holds an interest in any Condominium, all such Persons shall be Members; <br />provided, however, the vote or right of consent for any such Condominium shall be exercised in <br />accordance with the Bylaws and as such multiple Owners may among themselves determine, but in no <br />event shall more than one vote be cast or right of consent be exercised with respect to any Condominium. <br /> <br />(b) Class B: Class B voting Members shall consist of the Declarant who shall be <br />entitled to three (3) votes or rights of consent for each Condominium owned. Declarant may designate an <br />individual(s) to exercise Declarant’s rights as a member of the Association. The Class B voting <br />membership shall cease and be converted to Class A voting membership on the happening of whichever <br />of the following events first occurs: (i) a prescribed date which is not later than the second anniversary of <br />the first conveyance of a subdivision interest in the most recent Phase of the Development; or (ii) a <br />prescribed date which is not later than the fourth anniversary of the first conveyance of a subdivision <br />interest in the first Phase of the Development. <br /> <br />Other than the provisions contained in Section 11.7, no provision of the Condominium <br />Documents which requires the approval of a prescribed majority of Members of the Association other <br />than Declarant for action to be taken by the Association is intended to preclude the Declarant from casting <br />votes attributable to Condominiums which it owns. Notwithstanding anything to the contrary herein, any <br />action for which the Condominium Documents require the approval of a majority of Members of the <br />Association other than Declarant shall require the vote or written assent of a majority of the Class B <br />voting power as well as the vote or written assent of a majority of the Class A voting power, or, upon the <br />conversion of Class B to Class A shares, the vote or written assent of a majority of the total voting power <br />of the Association as well as the vote or written assent of a majority of the total voting power of Members <br />other than Declarant. <br /> <br />Voting rights of a Member shall vest at the time Assessments are levied against such Owner’s <br />Condominium or as provided in a subsidization plan which may be approved by the BRE, whichever <br />occurs first. Owners of Units in all Phases shall have the same voting rights. A “majority vote” means a <br />majority of votes in the Development as a whole, not a majority of votes of Owners in each Phase. <br /> <br />Notwithstanding the foregoing, Declarant shall have no control over the Association’s ability to <br />decide whether or not to initiate a construction defect claim under Title 7 (Part 2, Division 2) of the <br />California Civil Code. During the period from the incorporation of the Association and the first election <br />of the Board of Directors, any decision whether or not to initiate a construction defect claim under Title 7 <br />shall be made by vote of a majority of the Members, excluding the vote of Declarant, which vote may be <br />either at a duly held meeting of the members, or may be by written ballot. During the period between the <br />first closing of an escrow for an individual Condominium within the Development and the election of a <br />7.1.K. - Page 24