04 - Staff Report - Conditional Use Permit Wilderness Resort Villas

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Owner's membership. The rights and privileges of membership, including the right to vote, may be exercised by a Member or the Member's spouse, but in no event shall more than one (1)vote for each class of membership applicable to a particular Lot be cast for each Lot. Section 2. Voting. The Association shall have two (2) classes of membership. Class "A" and Class "B", as follows: (a) Class "A." Class "A" Members shall be all Owners with the exception of Class "B" Members, if any. Class "A" Members shall be entitled on all issues to one vote for each Lot in which they hold the interest required for membership by Section I hereof, there shall be only one (1) vote per Lot. When more than one person or entity holds an interest in any Lot,the vote for such Lot shall be exercised as those persons or entities themselves determine. (b) Class "B." Class "B" Members shall be Declarant and persons succeeding to the rights of Declarant, as provided in the Declaration in Article I hereof &V*s "B" Member shall be entitled to three (3)votes per Lot owned in the Association, until the tetiin of the Class "B" membership, as provided below. The Class "B" membership shall terminate and be converted to Class "A" membership upon the happening of the earlier of the following: (i) When the total outstanding " votes exceed the total votes outstanding in the Class"B" membership, or (ii) December 31, 2009. From and after the happening of these tents, whichever occurs earlier, any Class "B" a � Member shall be deemed to be a "A* "��' Y�entitled to one(1)vote for each Lot in which it holds the interest requir .foirmemship under Section I hereof. The right of j4 Member to vote and the right of any Member, his family or guests to use any recreational facilities tbat may be aquired by the Association, shall be suspended during any period in which such Member`shall be [n default in the payment of any assessment levied by the Association. Such rights may aLg6"ie suspended, after notice and hearing, for a period not to exceed sixty (60) days for any infraction of any rules or regulations adopted and published by the Association. ARTICLE IV. PROPERTY RIGHTS IN THE COMMON AREA Section 1. Easements in Favor of all Owners. Subject to the provisions hereinafter contained, there shall exist the following easements in favor of each Owner of a Lot and appurtenant to such Owner's Lot over, across and upon the Common Area: (a) A non-exclusive easement for ingress and egress to and from such Lot over and across designated pedestrian or vehicular passageways or access areas in the Common Area and to and from dedicated or public streets, highways, or rights of way. 6