AgdaPkt 2014-06-23 Closed and Joint SA

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7.1.L. - Page 71 (ii) the second anniversary of the first conveyance of a Condominium in the Development. Voting rights shall vest at the time that assessments are levied against the Owner's Condominium. Except as set forth below, all matters requiring the approval of the Members shall be approved if: (i) approved by a majority of the votes cast either in person or by proxy at a duly-held regular or special meeting at which a quorum was present; (ii)approved by a majority of the written ballots cast in compliance with the requirements of Article 4 (commencing with Civil Code section 5100) of Chapter 6 of the Davis- Stirling Act and if not applicable, Corporations Code section 7513 or any successor statute thereto; or (iii) approved by unanimous written consent of all the Members. Notwithstanding the foregoing, approval by the Members shall be subject to each of the following: (a) Two Membership Classes. As long as two classes of voting membership exist, any action by the Association that requires approval by the Members shall require approval by the members of each class. (b) Single Membership Class/Declarant-Owned Condominiums. If one class of voting membership exists and Declarant owns any Condominiums,any action by the Association that requires approval by the Members shall require approval by the Members including Declarant's vote(s)and approval by the Members excluding Declarant's votes. (c) Greater Than a Majority. If, under the terms of this Declaration,a particular action requires approval by more than a majority, the action shall be approved by the Members only if the required percentage of votes approves the action. (d) Completion Bond and Section 896 Claims. Votes of the Declarant shall be excluded as provided in Sections 5.11 and 5.15 of this Declaration. (e) Amendments. Member approval requirements for any amendments to this Declaration,the Articles or Bylaws shall comply with the amendment requirements set forth in the applicable document. (f) Legal Requirements. If the voting requirements and/or procedures conflict with any applicable statutory requirements, the statutory requirements shall control. 5.5 Joint Ownership Votes. The vote that is attributed to each Condominium may not be cast on a fractional basis. If the Condominium has more than one Owner and the Owners are unable to agree as to how the vote shall be cast, the vote shall be forfeited on the matter in question. Any vote cast by an Owner for any Condominium is presumed conclusively to be the vote cast by all the Owners of that Condominium. If more than one Owner casts a vote attributed to a Condominium on any matter on which only one vote could be cast for that Condominium, the votes cast by such Owners shall be counted as one vote if the votes are the same; and if the votes are different, the vote cast by such Owners shall not be counted and shall be forfeited. 5.6 Powers of the Association. The Association shall have all the powers of a nonprofit mutual benefit corporation organized under the general nonprofit mutual benefit corporation laws of California, subject only to such limitations on the exercise of these powers as are set forth in the Articles, Bylaws and this Declaration. The Association shall have the power to do any lawful thing that may be authorized, required or permitted to be done by the Association under this Declaration,the Articles and the Bylaws and to do and perform any act that may be necessary or proper for or incidental to the exercise of any of the express powers of the Association, including, without limitation, each of the following: CLSS\51643\927586.5 17 June 16,2014