A PLACE TO BE
Thursday, July 29, 2010
JUST A REMINDER
During June’s Coffee Meeting Catherine DeMalade asked if the memorial pavers came under a 75% owner approval rule. The President's answer was that it didn’t come under the 75% approval clause because the change was minimal. I believe Catherine DeMalade and the President of the Board don’t interpret the Bylaws and Covenants as I see them.
It seems that most believe that you need 75% of the total Association membership to ratify any substantial alterations and additions. It appears to me that both the Bylaws and Declaration of Covenants say that when a decision is made by the Board to substantially add to or alter the Village common grounds, they must notify the owners to attend a meeting and ratify their decision. To ratify as I read it, our Board must get an affirmative vote out of 75% of the owners who show up at the meeting. That’s it.
On Voting issues, nowhere else except in Article VII (Bylaws) and Article X (Declaration of Covenants) do you find language like this that calls for an affrimative vote from three fourths of the owners PRESENT at a called meeting.
On Voting issues, nowhere else except in Article VII (Bylaws) and Article X (Declaration of Covenants) do you find language like this that calls for an affrimative vote from three fourths of the owners PRESENT at a called meeting.
Technically as few as 5 owners could ratify a Board decision.
For all owners who care about the appearance of our Park, Article VII (Bylaws) and Article X (Declaration of Covenants) are the checks and balances towards decisions made by nine temporary Directors who wish to change the appearance of our Park.
March 2005 Restated Bylaws
Article VII. Substantial Additions or Alterations
There shall be no substantial additions or alterations to the Common Elements or Limited Common Elements by the Association unless the same are authorized by the Board of Directors and ratified by the affirmative vote of the Voting members casting not less than 75% of the total votes of the Unit Owners PRESENT at any regular or special meeting of the Unit Owners called for that purpose.
March 2005 Restatement of the Declaration of Covenants, Conditions and Restrictions.
Article X, Maintenance and Alterations
B. Although the Association may construct additional facilities for the benefit of the Condominium, there shall be no material alterations or substantial additions to the Common Elements or Limited Common Elements, except as provided hereinabove in Section A, or except as the same are authorized by the Board of Directors and ratified by the affirmative vote of Voting Members casting not less than seventy-five percent (75%) of the total votes of the members of the Association PRESENT at any regular or special meeting of the Unit Owners called for that purpose.
For all owners who care about the appearance of our Park, Article VII (Bylaws) and Article X (Declaration of Covenants) are the checks and balances towards decisions made by nine temporary Directors who wish to change the appearance of our Park.
March 2005 Restated Bylaws
Article VII. Substantial Additions or Alterations
There shall be no substantial additions or alterations to the Common Elements or Limited Common Elements by the Association unless the same are authorized by the Board of Directors and ratified by the affirmative vote of the Voting members casting not less than 75% of the total votes of the Unit Owners PRESENT at any regular or special meeting of the Unit Owners called for that purpose.
March 2005 Restatement of the Declaration of Covenants, Conditions and Restrictions.
Article X, Maintenance and Alterations
B. Although the Association may construct additional facilities for the benefit of the Condominium, there shall be no material alterations or substantial additions to the Common Elements or Limited Common Elements, except as provided hereinabove in Section A, or except as the same are authorized by the Board of Directors and ratified by the affirmative vote of Voting Members casting not less than seventy-five percent (75%) of the total votes of the members of the Association PRESENT at any regular or special meeting of the Unit Owners called for that purpose.
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3 comments:
Guess my comment regarding CD, LD etc. didn't live up to the high quality of comments you're used to, huh?
so where is my post that you didn't post?
Please send again. It wasn't received.
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