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Article II Meetings of Association Section 2.01. Meetings. At least annually and at such other times as may be necessary, a meeting of the lot owner ( the Owner ) shall be held for the purpose of electing the board of Directors, approving the Annual Budget, and for such other purpose as may be appropriate or required. Section 2.02. Annual Meetings. The annual meeting of the owners shall be held in the calendar year after seventy-five percent ( 75%) of the lots have been purchased by homeowners, i.e. not builders, and inn each calendar year thereafter. The Board of Directors shall determine the date and time for the Annual Meeting and shall give written notice to Owners. At the Annual Meeting the Owners shall elect the Board of Directors of the Association in accordance with the provisions of the By-Laws, shall consider the Annual Budget, and shall transact such other business as may properly come before the meeting. Section 2.03. Special Meetings. A Special Meeting of the Owners may be called by the President, by request of two ( 2) Directions, or upon a written request of not less than fifteen percent (15%) of the owners. The request shall be presented to the President of Secretary of the Association and shall state the purpose for which the meeting is to be called and such purpose shall be stated in the notice therefore which is sent to the owners. No business shall be transacted at a Special Meeting except as stated in the notice of the meeting, unless all Owners are present. Section 2.04. Notice and Place of Meetings. Any meetings of Owners may be held at any suitable place in the County where the Subdivision is located as may be designated by the Board of Directors. Written notice stating the date, time, and place of any meeting, and in the case of a Special Meeting the purpose or purposed for which the meeting is called, shall be delivered or mailed by the Secretary of the Association to each Owner. The notice shall be mailed or delivered to the Owners at their address as it appears upon the records of the Associations and to any Mortgagee who requests the same in writing at its address as appears on the records of the Association. Attendance at any meeting by an owner or their authorized representative, in person or by proxy, shall constitute a waiver of notice of such meeting. Section 2.05. Voting. (A) Number of Votes. To facilitate the orderly conduct of the meeting, each owner other than the developer shall be a Class A Member of the Association, and shall be entitled to cast one vote on each matter coming before the meeting. The developer shall be the sole Class B member until the seventy-five (75%) of the lots in the Subdivision have been sold. The developer shall entitled to three (3) votes for each lots owned as long as it is a Class B member. The Developer shall be a Class A member entitled to one (1) vote for each lot owneed from and after the time that seventy-five (75%) of the lost have been sold to homeowners. (B) Multiple Owner. Where the owner of a lot constitutes more than one person, or is a partnership, there shall be only one voting representative entitled to cats the Vote allocable to that lot. No Vote shall be split. (C) Voting by Corporation or Trust. Where a cooperation or trust is an owner or is otherwise entitled to vote, the trustee may cast the Vote on behalf of the trust and agent ot other representative of a corporation who is duly empowered to Vote shall cast any Votes to which the corporation is entitled. (D) Proxy. An owner may Vote either in person or by his duly authorized and designated attorney-in-fact. Where voting is by proxy, the owner shall duly designated his attorney-in-fact in the writing, and such written designation shall be delivered to the Association prior to or at the commencement of the meeting. (E) Quorum. Except where otherwise expressly provided int hese By-Laws, one-tenth (1/10) of the Owners shall constitute a quorum at all meetings. (F) Conduct of Annual Meeting. The President of the Association shall serve as Chairman of the Annual Meeting and in his absence the Vice President shall serve. The Chairman shall call the Annual Meeting to order at the duly designated time and business will be normally conducted in the following manner. (1) Reading of Minutes. The secretary shall read the minutes of the last Annual Meeting and the minutes of any Special Meeting held subsequent thereto, but such reading may be waived upon motion. (2) Treasurer's Report. The Treasurer shall report to the Owners concerning the financial condition of the Association, and answer relevant questions of the Owners concerning the common expenses and financial report for the prior year and the proposed Annual Budget for the current year. (3) Budget. The proposed Annual Budget for the current fiscal year shall be presented to the Owners by the Board. The Board of Directors shall also present the Annual Assessments for the year that they have approved and that represents such amount as will raised the funds required to comply with the Annual Budget, including reserve requirements. (4) Election of Board of Directors. Nominations for the Board of Directors may be made by any any owner from those persons eligible to serve. Voting for the Board of Directors will be by paper ballot unless a majority of the Owners present waive voting by paper ballot and approve another form of voting. The ballot shall contain the name of each person nominated to serve as a Board Member. Each owner may cast one vote for as many nominees as are elected. No owner may cast more than one vote for any nominee. Those persons receiving the highest number of votes shall be elected. (5) Other Business. Other business may be brought before the meeting only if accepted and ruled in order by the Chairman of the Meeting, or which is pursuant to written request submitted to the Secretary of the Association at least three (3) days prior to the date of the meeting. (6) Adjournment. |