By-Laws of Harbour Vista Homeowners’ Association, Incorporated (July 7, 1980)
ARTICLE II
VOTING BY ASSOCIATION MEMBERSHIP

Section 2.01 Voting Rights.The Association shall have two (2) classes of voting membership as further provided in the Declaration.

Class A. Class A Members shall be all Unit Owners exception of Grantor for so long as there exist a Class B Membership. Class A Members shall be entitled to one (1) vote for each Condominium which is subject to assessment, as as further provided in the Declaration.

Class B. The Class B Member shall be Grantor. The Class B Membership shall be entitled to three (3) votes for each Condominium owned by Grantor, provided that the Class B Membership shall cease and be converted to Class A Membership on the happening of either of the following events, whichever occurs earlier:

(1)
When the total votes outstanding in the Class A Membership equal the total votes outstanding in the Class B Membership; or
(2)
The second anniversary of the original issuance of the most recently issued Final Subdivision Public Report for a Phase of Development of the project, as issued by the California Department of Real Estate; or
(3)
The fourth anniversary of the original issuance of the Final Subdivision Public Report for Phase I of the Project.

As long as there exists a Class B membership, any provision of these by-Laws which expressly requires a vote or written consent of a specified percentage of the voting power of the Association before being undertaken shall require the approval of such specified percentage of the voting power of each class of membership. Upon termination of the Class B membership, any provision of these By-Laws which expressly requires a vote or written consent of Owners representing a specified percentage of the voting power of each class of Members shall then require the vote or written consent of Owners representing such specified percentage of both the total voting power of the Association and the voting power of the Association residing in owners other than Grantor.

Section 2.02 Majority of Quorum. Unless otherwise expressly provided In these By-Laws or the Declaration, any action which may be taken by the Association may be taken by a majority of a quorum of the Members of the Association.

Section 2.03 Quorum. Except as otherwise provided in these By-Laws, the presence in person or by proxy of at least fifty-one percent (51%) of the voting power of the membership of the Assocition shall constitute a quorum of the Membership. The members present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough Members to leave less than a quorum.

Section 2.04 Proxies. Votes may be cast in person or by proxy proxies must be in writing and filed with the Secretary prior to each meeting. Every proxy shall be revocable and shall automatically cease after completion of the meeting for which the proxy was filed or upon death or in competency of the Member granting one proxy.

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