Sky Island
Covenants, Codes, and Restrictions
Article IV |
ARTICLE IV
Association
Section 4.1. General
Every Owner of a Lot (including Developer) shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated from ownership of any Lot.
Ownership of a Lot shall be the sole qualification for membership.
Section 4.2. Classes
The Association shall have two (2) classes of voting membership:
(a) Class "A".
The Class "A" Members shall be all Owners, with the exception of the Developer
and Builder Owners, who shall be entitled to one (1) vote for each Lot owned. When more
than one person holds an interest in any Lot, all such persons shall be Members. The vote
for such Lot shall be divisible and exercised as the Owners determine, but in no event
shall more than one vote be cast with respect to any Lot.
(b) Class "B".
The Class "B" Member shall be the Developer and Builder Owners, who shall be
entitled to three (3) votes for each Lot owned. The Class "B" membership shall
cease and be converted to Class "A" membership upon the happening of either of
the following events, whichever occurs earlier:
(i) When the total votes in the Class "A"
membership equal the total votes in the Class "B" membership; or,
(ii) On June 1, 2005.
Section 4.3. Board of Directors
The Association shall be managed by a Board of Directors, elected or appointed in
accordance with the Articles of Incorporation and Bylaws of the Association.
Notwithstanding the foregoing, the Developer shall have the right to appoint all members
of the Board of Directors until such time as construction is completed and a Certificate
of Occupancy is issued for all homes to be built on all Lots within the Property. At that
time, all of the rights and obligations of the Developer shall pass to the Association.
Section 4.4. Delegation to Manager
The Board of Directors may delegate any of its managerial duties, powers, or functions to
any person, firm, or corporation, provided that any management agreement for the project
shall be terminable by the Association for cause upon thirty (30) days written notice, and
without cause upon ninety (90) days written notice. The term of any such agreement may not
exceed one (1) year and shall be renewable by agreement of the parties for successive one
(1) year periods. The members of the Board of Directors shall not be liable for any
omission or improper exercise by the manager of any duty, power, or function so delegated
by written instrument executed by a majority of the Board of Directors.
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