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Unequal Voting Rights

The CC&Rs of some associations provide for a system of variable assessments and unequal voting rights tied to the member's ownership interest. For example, the CC&Rs may link each person's assessment and voting power to the square footage of his/her unit.

Corp. Code §5330 provides that: "A corporation may issue memberships having different rights, privileges, preferences, restrictions or conditions, as authorized by its articles or bylaws."

Such arrangements are legal. Cebular v. Cooper Arms HOA (2006) 142 Cal. App.4th 106.

Adams Kessler PLC

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