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AgdaPkt 2011-09-12
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AgdaPkt 2011-09-12
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Last modified
2/24/2021 8:44:34 AM
Creation date
9/8/2011 5:43:24 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
9/12/2011
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6. 1. F. - Page 26 <br />ARTICLE 3 <br />THE ASSOCIATION <br />Section 3.1 Incorporation The Association is a nonprofit mutual benefit corporation <br />formed under the laws of the State of California. At the recording of the first sale of a Condominium, the <br />Association shall be charged with the duties and invested with the powers set forth in the Condominium <br />Documents. <br />Section 3.2 Action Throueh Designated Officers Except as to matters requiring the <br />approval of Owners as set forth in the Condominium Documents, the affairs of the Association, including <br />the exercise of its powers and duties, shall be conducted by the Board, such officers as the Board may <br />elect or appoint or such Persons with delegated authority as set forth in the Condominium Documents. <br />Section 3.3 Association to Manage the Common Area The management of the Common <br />Area, including both the Building Common Area and Association Common Area, shall be vested in the <br />Association in accordance with the Condominium Documents. The Owners of all of the Condominiums <br />hereby covenant and agree that the administration of the Development shall be in accordance with the <br />provisions of the Condominium Documents. <br />Section 3.4 Membership The Owner of a Condominium shall automatically, upon <br />becoming the Owner of same, be a Member of the Association, and shall remain a Member thereof until <br />such time as that Owner's ownership ceases for reasons set forth herein, at which time that Owner's <br />membership in the Association shall automatically terminate. Each Owner shall have the rights, duties <br />and obligations of membership as set forth in the Condominium Documents. Any party that holds an <br />interest in a Condominium merely as security for performance of an obligation shall not be a Member of <br />the Association. Upon the commencement of Annual Assessments in a subsequent Phase, the Owners of <br />Condominium Units described in the Declaration of Annexation for that Phase shall become Members of <br />the Association. <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 />Section 3.6 Membership Classes and Voting Rights The Association shall initially have <br />two classes of voting Members as follows: <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 />(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 />16 <br />CCRS -One Marina. docx <br />
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