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6. 1. F. - Page 27 membership shall cease and be converted to Class A voting membership on the happening of whichever of the following events first occurs: (i) a prescribed date which is not later than the second anniversary of the first conveyance of a subdivision interest in the most recent Phase of the Development; or (ii) a prescribed date which is not later than the fourth anniversary of the first conveyance of a subdivision interest in the first Phase of the Development. Other than the provisions contained in Section 11.7, no provision of the Condominium Documents which requires the approval of a prescribed majority of Members of the Association other than Declarant for action to be taken by the Association is intended to preclude the Declarant from casting votes attributable to Condominiums which it owns. Notwithstanding anything to the contrary herein, any action for which the Condominium Documents require the approval of a majority of Members of the Association other than Declarant shall require the vote or written assent of a majority of the Class B voting power as well as the vote or written assent of a majority of the Class A voting power, or, upon the conversion of Class B to Class A shares, the vote or written assent of a majority of the total voting power of the Association as well as the vote or written assent of a majority of the total voting power of Members other than Declarant. Voting rights of a Member shall vest at the time Assessments are levied against such Owner's Condominium or as provided in a subsidization plan which may be approved by the DRE, whichever occurs first. Owners of Units in all Phases shall have the same voting rights. A "majority vote" means a majority of votes in the Development as a whole, not a majority of votes of Owners in each Phase. Notwithstanding the foregoing, Declarant shall have no control over the Association's ability to decide whether or not to initiate a construction defect claim under Title 7 (Part 2, Division 2) of the California Civil Code. During the period from the incorporation of the Association and the first election of the Board of Directors, any decision whether or not to initiate a construction defect claim under Title 7 shall be made by vote of a majority of the Members, excluding the vote of Declarant, which vote may be either at a duly held meeting of the members, or may be by written ballot. During the period between the first closing of an escrow within the Development and the election of a Board, at least two members of the Board which were elected solely by votes of Members other than Declarant shall take any action concerning construction defect claims under Title 7 (including, if necessary, the allocation of Association funds) as requested by a majority of the Members other than Declarant. Upon the election of a Board of Directors, which results in there being at least two (2) Directors elected solely by votes of Members other than Declarant (Non- Declarant Directors), any decisions made thereafter by the Association about whether or not to initiate a construction defect claim under Title 7 shall be made by the two (2) Non - Declarant Directors, or in the event that there are more than three (3) Non - Declarant Directors serving on the Board, by a majority of the Non - Declarant Directors; provided, further that any determination by such Non - Declarant Directors to initiate a construction defect claim under Title 7 must be approved by at least seventy -five percent (75 %) of the Members, excluding the vote of Declarant; provided, further that any such determination by such Non - Declarant Directors to initiate a construction defect claim under Title 7 shall be subject to the terms and conditions of Sections 10.3 and 10.4 of this Declaration. The provisions of this section may be amended only with the vote or written consent of at least seventy -five percent (75 %) of the Members, excluding the vote of Declarant. Reference is made to the Bylaws for further details concerning the Board and voting procedures. Section 3.7 General Duties and Powers In addition to the duties, powers and limitations enumerated in the Articles and Bylaws of the Association or elsewhere provided for at law or herein, and those enumerated in Section 7140 of the Corporations Code, and without limiting the generality thereof, the Association shall: 17 CCRS -One Marina. doex