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<br /> <br />4810-5342-0509, v. 2 <br /> 32 <br /> <br />damages incurred, pay expenses incurred, and satisfy any judgment or fine levied as a result of any action <br />or threatened action because of an Official Act. The Association also has the power, but not the duty, to <br />contract with any person to provide indemnification in addition to any indemnification authorized by <br />Applicable Laws on such terms and subject to such conditions as the Association may impose. <br />4.7 Contracts. Any agreement for professional management of the Community, employment <br />contract or lease of recreational or parking areas or facilities, or any agreement providing for services of <br />Declarant or an affiliate of Declarant or any contract or lease, including franchises and licenses to which <br />Declarant or an affiliate of Declarant is a party, shall be for a term not to exceed one (1) year without the <br />consent of a majority of each class of Members; provided, however, that in no event shall such an <br />agreement exceed a term of three (3) years. Any such agreement shall provide that the agreement may <br />be terminated by either party without cause and without payment of a termination fee upon not more than <br />ninety (90) days’ written notice. <br />4.8 Additional Provisions. Certain laws apply to the operation of the Association and the <br />Property by the Association, including, without limitation, the Davis Stirling Common Interest Development <br />Act of Section 4000, et seq. of the California Civil Code, and the Association and Owners shall comply with <br />all Applicable Laws. <br />ARTICLE 5 <br />MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION <br />5.1 Membership. <br />5.1.1 Qualifications. Each Owner of a Condominium which is subject to <br />Assessment, including Declarant, shall be a Member of the Association. Ownership of a Condominium <br />shall be the sole qualification for membership in the Association. Each Owner shall remain a Member of <br />the Association until such Owner’s ownership interest in the Condominium(s) ceases, at which time such <br />Owner’s membership in the Association shall automatically cease. Any reference in this Declaration to a <br />vote of the Members shall refer only to those Members against whose Condominium Assessments have <br />commenced, unless otherwise specified in the Governing Documents. <br />5.1.2 Members’ Rights and Duties. Each Member shall have the rights, duties, and <br />obligations set forth in the Governing Documents, as the same may from time to time be amended. <br />5.1.3 Approval by Members. Except as otherwise provided in the Governing <br />Documents, all matters requiring the approval of Members shall be deemed approved if: (a) Members <br />holding a majority of the total Voting Power consent to them in writing as provided in the Bylaws; or (b) such <br />matters are approved by a majority vote of a quorum of Members at any regular or special meeting held in <br />accordance with the Bylaws. <br />5.1.4 Transfer of Membership. The Association membership of each Owner shall <br />be appurtenant to each such Condominium, and shall not be assigned, transferred, pledged, hypothecated, <br />conveyed or alienated in any way except on a transfer of title to each such Condominium or interest in it <br />and then only to the transferee. Any attempt to make a prohibited transfer shall be void. Any transfer of <br />title to a Condominium or interest in it shall operate automatically to transfer the appurtenant membership <br />right in the Association to the new Owner. <br />5.1.5 Commencement of Voting Rights. An Owner’s right to vote, including <br />Declarant’s right to vote, shall not vest until Regular Assessments have been levied upon such Owner’s <br />Condominium as provided in this Declaration. All voting rights shall be subject to the restrictions and <br />limitations provided for herein and in the other Governing Documents. <br />285