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HomeMy WebLinkAbout1098 } +i.. 5 hereof. Likewise after the Unit Owners have elected a director or directors, such other director or directors still to be desig- nated by the Developer need not be Unit Owners in the Condominium. Section 2. The original members~of the Board of Directors shall e t ose persons set forth in the Articles of Incorporation and shall hold office until the third Wednesday in February, 1986, or when the Developer elects to terminate his control of the Condominium, or until the U~t Owners other than the Developer 'are entitled to elect a director or directors, whichever shall first occur, at which time the appropriate director 'or directors shall resign and his successor shall be elected pursuant to the provisions of this Section 2. When Unit Owners other than the Developer own fifteen percent (158) or more of the Units that will be operated ultimately by the Association, the Unit Owners other than the Developer shall be entitled to elect not less than one-third (1/3) of the members of the Board of Directors of the Association. Unit Owners other than the Developer shall be entitled to elect not less than a majority of the members of the Board of Directors of the Association three (3) years after fifty percent (508) of the Units that will be operated ultimately by this.Association have been conveyed to purchasers, or three (3) months after ninety percent (908) of the Units that wifl be operated ultimately by this Association have been conveyed to purchasers, or when all of the Units that will be operated ultimately by this Association have been completed, some of them have been conveyed to purchasers, and none of the others are being offered for sale by the Developer in the ordinary course of business, or when some of the Units have been conveyed to purchasers, and none of the others are being constructed or offered for sale by the Developer in the ordinary course of business, whichever first occurs. The Developer shall be. entitled to elect not less than one (1) member of the Board of Directors as long as~the Developer holds. at least five percent (58) of the Units in the Condominium operated by this Association and offers them~for sale in the . ordinary course of business. Within sixty (60) days after Unit Owners other than the i Developer are entitled to elect a member or members of the Board of Directors, the Association shall call and give not less than thirty (30) days nor more than forty (40) days notice of a meeting of the Unit Owners for this purpose. Such meeting may be called and the notice given by any Unit Owner if the Association fails to do so. If the Developer holds a Unit or Units and offers them for sale in the ordinary course of business, none of the following actions maybe taken without approval in writing by the Developer: (a) Assessment of the Developer as a Unit Owner for capital' improvements or to finance the filing or processing of a cause of action against the Developer: (b) Any action by this Association that would be detrimental to the sales of Units by the Developer; provided, however, that an increase in assessments for Common Expenses without discrimina- tion against the Developer shall not be deemed to be detrimental to the sales of units. Prior to, or not more than 60 days after, the time that Unit ~ Owners other than the Developer elect a majority of the members of the Board of Directors of the Association, the Developer shall f -4- . P~~~j