ARTICLE III

MEMBERSHIP AND VOTING RIGHTS

 

3.1  Function of Association.  The Association shall be the entity responsible for management, maintenance, operation and control of the Area of Common Responsibility; the primary entity responsible for compliance with and enforcement of the Governing Documents; and, to the extent provided for in Article VIII, shall be responsible for administering, monitoring compliance with, and enforcing the Design Guidelines.  The Association shall perform its functions in accordance with the Governing Documents and the laws of the Commonwealth of Virginia .

3.2  Membership.  Every Owner shall be a “Member” of the Association and shall hold one (1) membership for each Dwelling Unit owned.  If a Dwelling Unit is owned by more than one (1) Person, all co-Owners shall share the privileges of such membership, subject to reasonable Board regulation, such reasonable fees as may be established in Section 2.1, and the restrictions on voting set forth in the Bylaws.  All such co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners.  The membership rights of an Owner which is not a natural person may be exercised by any officer, director, partner, manager or trustee, or by any other individual having apparent authority or designated from time to time by the Owner in a written instrument provided to the Secretary of the Association. 

3.3  Voting.  One (1) individual shall be designated by all of the Owners of a Dwelling Unit to be the “Voting Member” with respect to such Dwelling Unit.  If no designation is made and more than one (1) person seeks to be the Voting Member for a Dwelling Unit, the Board may either recognize one (1) individual as the Voting Member or suspend the vote for the Dwelling Unit until the issue has been resolved.   All of the voting rights at any meeting of the Members of the Association or otherwise shall be vested in the Voting Members and each Voting Member shall have one (1) vote for each Dwelling Unit which the Voting Member represents.  Any action may be taken by the Voting Members at any meeting at which a quorum is present (as provided in the Bylaws) upon an affirmative vote of a majority of the votes represented at the meeting by the Voting Members present at such meeting, except as otherwise provided herein or in the Bylaws. Voting Members may vote directly or by proxy as provided in the Bylaws.  The Board shall determine whether votes shall be cast in person or by mail from time to time.

3.4  Attendance at Board Meetings by Owners:  Members may attend all meetings of the Board or their committees.    Also, the Board shall hold informational meetings from time to time, but not less frequently than once each year, to which all Members shall be invited and at which the Board shall report to the Members on what the Board has worked on and accomplished since the preceding meeting and shall open the meeting for questions and comments from the Members.