3000 41ST ST WHOLE SITE DOCUMENTS 2026-01-15

3A. There shall be only one (1) vote per Lot. In any situation where there is more than one Owner of a particular Lot, the vote for such Lot shall be exercised as such co - Owners determine among themselves and advise the Secretary of the Association in writing prior to any meeting. Absent such advice, the Lot's vote shall be suspended if more than one Person seeks to exercise it. 3.2.2 Class "B". The Class "B" Members shall be Declarant,. and CDCG so long as it owns any Lot. The rights of the Class "B" Members are specified elsewhere in the Articles, Declaration and Bylaws. The Class "B" Members shall have the sole right and authority to appoint, remove with or without cause, replace any or all Board members during the Class "B" Control Period, as specified in Section 3.2 of the Bylaws. The Class "B" membership shall terminate and convert to Class "A" membership upon the earlier of (a) five (5) years after expiration of the Class "B" Control Period; or (b) when, in its discretion, Declarant so determines and declares in a recorded instrument. Notwithstanding the foregoing, as long as Polygon WLH is the Declarant and as long as CDCG owns any Lot, Polygon WLH may not, without the prior written consent of CDCG, elect to convert the Class B Memberships to Class A Memberships. ARTICLE 4 RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 4.1 Common Area. The Association, subject to the rights of the Owners set forth in this Declaration, shall manage and control the Common Area and all improvements thereon and shall keep it in good, clean, attractive, safe, secure and sanitary condition, order and repair under the terms and conditions of this Declaration and consistent with the Community -Wide Standards. 4.2 Personal Property and Real Property for Common Use. The Association, through action of its Board, may acquire, hold and dispose of tangible and ,intangible personal property and real property. Declarant may, on its sole signature, without requiring the approval of the Association, convey to the Association improved or unimproved real estate located within the Property described in Exhibit A, personal property and easements and other property interests. Such property shall be accepted and thereafter maintained by the Association at its expense for the benefit of its Members, subject to any restrictions set forth in the conveyance. 4.3 Rules. The Association, through its Board, may make, modify and enforce reasonable rules governing the use of the Property, consistent with the rights and duties established by this Declaration, as provided in Article 11. Such rules shall bind all Owners, occupants, invitees and licensees until and unless repealed or modified in a regular or special meeting of the Association by the vote of sixty-seven percent (67%) of the total Class "A" votes and, so long as such membership exists, by the Class "B" Member: 6 DECLARATION OF SIMPSON F:\MBS\Polygon\Simpson ProjecflDec CCRs cln4.docx 4/13/.2015 Of) #214264.013