Index › Page 36 — Article I §16; Article II — Membership; Article III — Voting Rights; Article IV begins

Section 16.

"Trail Facilities" shall mean and refer to the parking easement on Lot 19, the 10' Access Easement on Lot 20, and the 20' Ingress-Egress Easement on Lot 25 shown on the recorded plat of the Properties. For purposes of this Declaration, Trail Facilities does not include the Trail Easement.

Article II — Membership

Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by this Declaration to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership, and an Owner shall have a membership for each Lot owned. A mortgagee in possession of a Lot shall be entitled to exercise the Owner's rights in the Association with regard thereto.

Article III — Voting Rights

The Association shall have two classes of voting membership:

Class A:   Class A members shall be all those Owners as defined herein with the exception of the Declarants. The Class A members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Article II. When more than one person holds such interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves may determine, but in no event shall more than one vote be cast with respect to any Lot.

Class B:   The Class B member shall be the Declarant or Declarants. A Class B member shall be entitled to four (4) votes for each Lot in which it holds the interest required for membership by Article II; provided that the Class B membership shall cease and a Class A membership with one (1) vote for each lot in which it holds the interest required for membership shall

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