Item 26 - Public Hearing Vista Heritage Charter School (601 North Fairview Street)

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ARTICLE IV Membership Voting Section 1. Single Class of Membership. The Association shall have one class of voting membership, designated Class A, as described within Article III, Section 3.4.1 of the Declaration. Section 2. Member Voting Rights. On each matter submitted to a vote of the Members, whether at a meeting of the membership called and held pursuant to the provisions of these Bylaws or otherwise, each Member shall be entitled to cast votes as described within Article III, Section 3.4 of the Declaration. Single memberships in which two or more persons have an indivisible interest shall be voted as provided in Article III, Section 3 of these Bylaws. Section 3. Eligibility To Vote. Only Members in good standing shall be entitled to vote on any issue or matter presented to the Members for approval. In order to be in good standing, a Member must be current in the payment of all assessments levied against the Member's Condominium and not be subject to any suspension of voting privileges as a result of any disciplinary proceeding conducted in accordance with the Declaration. A Member's good standing shall be determined as of the record date established in accordance with Article V, Section 8. The Association shall not be obligated to conduct a hearing in order to suspend a Member's voting privileges on the basis of the nonpayment of assessments, although a delinquent Member shall be entitled to request such a hearing in accordance with the Declaration. A Member who owns more than one Condominium shall be ineligible to vote if that Member is delinquent with respect to any such Condominiums. Section 4. Voting at Membership Meetings/Effect of Civil Code Sections 1363.03 and 1363.04. With the exception of voting concerning assessments, recall or election of Board members, amendments to the governing documents, or the grant of exclusive use of Common Area pursuant to Civil Code Section 1363.07 (collectively "Secret Ballot Topics"), voting at any membership meeting may be by voice or by ballot. Membership voting on Secret Ballot Topics shall be conducted as set forth within Civil Code Section 1363.03. In the event of any inconsistency between these Bylaws and Civil Code Sections 1363.03 and 1363.04, or any comparable successor statutes, the Civil Code Sections shall control. Section 5. Voting by Corporations Code Section 7513 Written Ballot Procedure. Any matter or issue requiring the vote of the Members, other than Secret Ballot Topics, may be submitted to vote by Written Ballot without the necessity of calling a meeting of the Members, so long as the requirements for action by Written Ballot set forth in this Section are met. A written ballot is a ballot which is mailed or otherwise distributed to every Member entitled to vote on the matter and which complies with the requirements of this Section. The term "Written Ballot" does not include a ballot distributed at a meeting for purposes of conducting a vote of the Members at such meeting. The determination to seek Member approval for Association actions in this fashion shall be made by a majority vote of the Board or by Members possessing five percent (5%) of the voting power of the Association signing a written request that a proposal be presented to the Members for a vote by Written Ballot and delivering this request to the President, Vice President, or Secretary of the Association. If a request for a vote by Written Ballot is received from the Members, the officer receiving the request shall cause notice to be properly given to the Members entitled to vote, in accordance with the meeting and notice -3- City Council 26 — 629 1/16/2024