Proposed:
All of the owners of a fee interest in a lot in these subdivisions or in any other subdivisions or condominium development created in the vicinity thereof or adjacent thereto by the Grantor herein, or its assign, shall upon becoming a record owner of such a fee interest become a member of the Property Owners’ Association. REMOVE and have only one (1) collective vote irrespective of the number of lots held by the member, to be cast in all matters requiring a vote. All votes must be cast in person. If lots are held by a legal entity only the designated representative of the entity may cast its vote. To vote a member must be in good standing as of 30 days before the date for the election. “Good standing” shall mean the member is current in all P.O.A. assessments. ADD Voting Rights: In all matters calling for a vote of the membership, a member who owns a lot without a residence on it shall be entitled to only one collective vote irrespective of the number of lots held by the member, and a member who owns a lot with a residence on it shall be entitled to only two collective votes irrespective of the number of lots held by the member.
Multiple lots which are titled in the same names are only allowed one collective vote irrespective of the number of lots held by the member. If a lot is held jointly only one vote may be cast by the joint members. To vote, a member must be in good standing as of 30 days before the date of the election. “Good Standing” shall mean the member is current in all P.O.A. assessments.
The vote may be cast among other things on such matters as assessments, amending, altering, or deleting the restrictions, or electing trustees or Board of Directors of the Property Owners Association and approving and amending By-Laws of any such Property Owners Association. All such voting must be done in person, and no proxy voting will be permitted. REMOVE and if more than one individual owns any lot, only one vote may be cast. It is clearly understood that any water and sewer system or Golf course or Club facility that may be installed shall not be subject in any way to the provisions of these restrictions, except as they provide for easements for such utilities, same shall be owned independently by private corporations.
Reason:
This ballot item is to update the Covenants pertaining to voting rights. The voting rights are contained in both the by-laws and in the Covenants. A conflict was created between the by-laws and the Covenants with the by-law change voted in by the membership in the 2023 Annual Election. This ballot item does not alter vote of the 2023 By-law change. It is only to remove the conflict. If 2024 ballot item 1 or 2 fails, the By-law Article II Section 2 on Voting Rights will revert to the 2022 version as the conflict cannot remain in place.
Below is the 2023 Ballot Item result for your reference.
This by-law was approved 186 Yes to 110 No in 2023. Due to the conflict with the Covenant the Covenant is being updated.
Ballot # 1 Covenant 4b. (Property Owner Definition)
Category:
2024 Ballot Items 1-3
Ballot # 1 Covenant 4b. (Property Owner Definition)