FAQs

Who is allowed to cast a vote?

Article 2 Section 2 of the Covenants

Class "A". Class "A" Members shall be all Owners, with the exception of the Declarant and the Builder/Owners. Class "A" Members shall be entitled to one (1) vote for each Lot. When more than one (1) Person holds an interest in any Lot, all such Persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot.


Translation for Owner of Multiple Units. If a member of the association owns multiple units/lots, that person has multiple votes, i.e., one vote for each unit or lot owned. In a 100-unit association, if one person owns ten units, they are allowed to cast ten ballots. All of which count toward quorum. An owner of multiple units has a greater say because of their multiple votes but they are also impacted more by matters voted on by the membership.


Article 2 Section 7 of the Bylaws

Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing, dated, and filed with the Secretary before the appointed time of each meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his or her Lot, or upon receipt of notice by the Secretary of the death or judicially declared incompetence of a Member): or of written revocation, or upon the expiration of eleven (11) months from the elate of the proxy.


Is the board allowed to hold a special meeting?

Article 2 Section 3 Bylaws

The President may call special meetings. In addition, it shall be the duty of the President to call a special meeting of the Association if so directed by resolution of a Majority of the Board of Directors or upon a petition signed by at least twenty-five (25%) percent of all of the votes of the Class "A" membership.


What constitutes the Quorum?

Article 2 Section 8 Bylaws

Quorum. The presence, in person or by proxy, at the beginning of a meeting of twenty-five (25%) percent of the total eligible votes of the Association shall constitute a quorum at all meetings of the Association. The Members present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough Members to leave less than a quorum.


Our neighborhood has 132 lots. 54 of which are owned by Investors (This number may be higher). A quorum would constitute of 33 votes.


Board of Directors - Article 3

Section 1 Bylaws Governing Body; Composition. The affairs of the Association shall be govemed by a Board of Directors. Except as provided in Section 2 of this Article, the Directors must reside in the Community and shall be Members or spouses of such Members; provided, however, no Person and his or her spouse may serve on the Board at the same time. Any Director who ceases to be a Lot Owner or a spouse of a Lot Owner shall not be eligible to serve as a Director. Notwithstanding the above, the term "Lot Owner" shall he deemed to include, without limitation, any shareholder, director, officer, partner in, or trustee of any Person which is, either alone or in conjunction with any other Person or Persons, a Lot Owner·. However, any individual who would not be eligible to serve as a member· of the Board of Directors were he not a shareholder, director, officer, partner in, or trustee of such Person, shall be deemed to have disqualified himself or herself from continuing in office\ if he or she ceases to have any such affiliation with the Person.


Section 3 Bylaws Number of Directors. Except for the Board which shall be appointed as provided in Section 2 of this Article, the Board shall consist of no more than five (5) members.


Section 4. Nomination of Directors. Elected Directors shall be nominated from the floor and may also be nominated by a nominating committee, if such a committee is established by the Board. All candidates shall have a reasonable opportunity to communicate their qualifications to the members and to solicit votes.


Section 5. Election and Term of Office. Owner-elected Directors shall be elected and hold office as follows:


(a) After the Declarant's right to appointfiDircctors and officers terminates, the Association shall call a special meeting to be held at which Owners shall elect no more than five (5) Directors. · :,


(b) At annual meetings of the membership thereafter, Directors shall be elected, All eligible Members of the Association shall vote on all Directors to be elected, and the candidate(s) receiving the most votes shall be elected.


The initial term of three (3) Directors shall be fixed at one (I) year and the initial term of two (2) Directors shall be fixed at two (2) years. At the expiration of the initial term of office of each respective member of the Board of Directors, a successor shall be elected to serve for a term of two (2) years. The members of the Board of Director’s shall hold office until their respective successors shall have been elected by the Association.


Section 7, Vacancies, Vacancies in the Board of Directors caused by any reason, excluding the removal of a Director by vote of the Association, shall be filled by a vote of the majority of the remaining Directors, even though less than a quorum, at any meeting of the Board of Directors. Each Person so selected shall serve the unexpired portion of the term.


Election Term of Office, and vacancies. Except during the period in which the Declarant has the right to appoint the officers of the Association under Article Ill, Section 2 of these Bylaws, the officers of the Association shall be elected annually by the Board of Directors at the first meeting of the Board of Directors following each annual meeting of the members. A vacancy in any office arising because of resignation, removal, or otherwise may be filled by the Board of Directors for the unexpired portion of the term